Legal analysis: In trademark infringement, the principle of who advocates and who gives evidence generally applies.

in trademark infringement cases, the plaintiff must first make clear the acts of infringing the exclusive right to use a registered trademark as stipulated in the Trademark Law and its implementing regulations, and then determine the infringer, the specific form of infringement, the quantity of infringing goods, and the exact place where the infringement (or infringing goods) occurs. The burden of proof should be:

(1) the proof of prior rights of the infringed (including trademark registration certificate, etc.);

(2) samples of the products of the licensee;

(3) samples of infringing products;

(4) proof of purchasing infringing products (such as invoices, etc.)

(5) documents for printing, warehousing, transporting and mailing all kinds of infringing trademarks or infringing trademark goods and packaging.

if the defendant questions the plaintiff's allegations and evidence, he can refute that the registered trademark has not infringed the plaintiff's exclusive right to use the trademark by using the evidence that the registered trademark has been revoked by the Trademark Office ex officio, cancelled by himself, and signed a trademark licensing contract or trademark transfer contract with the plaintiff.

Legal basis: Article 57 of the Trademark Law of the People's Republic of China commits any of the following acts, which are all violations of the exclusive right to use a registered trademark:

(1) using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(5) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;

(6) intentionally providing convenient conditions for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(7) causing other damage to the exclusive right to use a registered trademark of others.