Is it infringement to package and sell other people’s food

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see if there is a manufacturer. If not, it doesn’t count. If it’s tearing up the trademark of another manufacturer and pasting its own trademark, it’s OK

it depends on the situation and cannot be generalized. Some products can be sub packaged, and some products cannot be sub packaged. For example: General tea can be sub packaged, but geographical indication products such as Pu’er tea can not be sub packaged because of geographical restrictions
generally speaking, prepackaged food is not available for resale. Because this involves trademark infringement or counterfeiting. If you really want to package and sell other people’s food, you can commission production, so you can add your own trademark or something, but. There are also strict legal provisions for entrusted production.

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Answer

 Hello, I'm a cooperative lawyer of Baidu. I'm glad to serve you 

 generally speaking, first look at whether there is a manufacturer. If not, it doesn't count. If it's tearing up the trademark of other manufacturers and pasting their own trademark, it's OK

 trademark infringement refers to trademark infringement, which refers to the actor using the same or similar trademark with its registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner

 the perpetrator sells goods that he knows or should know are counterfeit registered trademarks. The natural person or legal person whose exclusive right to use the trademark is infringed has the civil right to require the infringer to stop the infringement, eliminate the impact and compensate for the losses

 the act of liability for compensation is to bear the responsibility for compensation. The infringer usually needs to bear the responsibility to stop the infringement, and the infringer who knows or should know that it is an infringement also needs to bear the responsibility for compensation. If the circumstances are serious, they should also bear criminal responsibility. China's criminal law has special provisions for intellectual property crimes

 2. There must be damage facts, that is, the behavior of selling counterfeit trademark goods implemented by the actor has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will not only cause serious property losses to the obligee, but also bring goodwill damage to the units that enjoy the registered trademark right. Both property loss and goodwill damage are damage facts

 4. There must be a causal relationship between the illegal act and the damage consequences, that is, there is a causal relationship between the illegal person's sales behavior and the damage result of the trademark owner

 I hope my consultation can help you solve the practical problems you encounter. If there are any follow-up problems, we welcome your continued consultation. Thank you again for your consultation and wish you a happy life ~ 

6 more

of course it’s infringement

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