The authenticity of a commodity using a registered trademark shall be appraised by the legal user of the registered trademark or a statutory inspection agency. In the case that the appraisal conclusions of both parties are inconsistent, if the legal user of a registered trademark can provide valid evidence to prove that its conclusion is true and legal, the appraisal conclusion of the legal user of a registered trademark shall prevail. "Reply on Issues Concerning the Identification of Goods with Counterfeit Registered Trademarks" (Trademark Case Zi [2005]No. 172) "In the process of investigating trademark violations, the administrative department for industry and commerce may entrust the trademark registrant to identify the goods and trademarks suspected of counterfeiting registered trademarks, issue written appraisal opinions and bear corresponding legal responsibilities. If the appraiser has no evidence to the contrary to overturn the appraisal conclusion, the administrative department for industry and commerce shall adopt the appraisal conclusion as evidence.

Article 213 of the Criminal Law, the crime of counterfeiting a registered trademark is to use the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.