The identification of trademark rights in cases of counterfeit registered trademarks has always been a problem in industrial and commercial enforcement. There are some misunderstandings in theory and practice that need to be clarified, which affect the investigation and handling of counterfeit trademark cases. The concept of counterfeit registered trademarks has been clearly defined by the High People's Court. Article 1 of the High People's Procuratorate's "Interpretations on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases of Intellectual Property Infringement" (Shi [2004] No. 19) stipulates that the use of the same kind of goods without the permission of a registered trademark and the use of the same trademark as the registered trademark is criminal. Article 213: If the circumstances are serious, the crime of counterfeiting a registered trademark shall be punished by three terms of imprisonment or criminal detention and concurrently or solely with a fine. Article 69 of the "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" issued by the High People's Procuratorate and the Ministry of Public Security Provisions [Case of Counterfeiting Registered Trademarks (Article 213 of the Penal Code)] If the same kind of goods without the permission of a registered trademark uses the same trademark as the registered trademark, a case should be filed for prosecution. According to the provisions, the concept of counterfeiting a registered trademark is: Unregistered trademark Allowing the same kind of goods to use the same trademark as its registered trademark helps to understand the concept of counterfeiting registered trademarks. I should pay attention to the difference between counterfeiting registered trademarks and infringing the exclusive rights of registered trademarks: By extension, counterfeiting registered trademarks belongs to the type of infringing the exclusive rights of registered trademarks. ; 2. The use of trademarks means that the former uses a trademark that is the same as the registered trademark; 3. the use of goods means that the goods used by the former are the same as the goods approved for use by the registered trademark; 4. responsibility means that the goods used by the former are the same as or similar to the goods approved for use by the registered trademark; 4. responsibility The former shall bear criminal liability; the fifth shall be subject to "Anti-competition" and the application of competition laws shall be transferred to "Trademark"; 2. The normative documents on the identification of trademark rights are based on the current regulations: "Guangdong Province Investigation and Punishment of Property" Article 15 of the Violation Regulations on Selling Counterfeit and Shoddy Goods The suspected counterfeit trademark or factory name and address shall be identified by the infringing enterprise. The infringing enterprise shall provide an identification report within seven days from the date of receipt of the product for inspection. The administrative enforcement department shall submit an identification report within seven days from the receipt of the inspection report. Make an appraisal conclusion. Article 14 of the Regulations of the Inner Mongolia Autonomous Region on Investigating and Dealing with Counterfeit and Shoddy Goods Producing and Selling Counterfeit and Shoddy Goods. Commodities with counterfeit trademarks, packaging, decoration or counterfeit goods factory names and addresses shall be identified by the manufacturer of the trademark registration or the manufacturer of the goods, who shall provide a written appraisal opinion and Bear the corresponding legal responsibility and submit the counterfeit and shoddy goods to the designated product quality inspection agency for identification and certification. Counterfeit foreign well-known trademark goods shall be identified and certified by the entry inspection and quarantine department or the manufacturer of the well-known trademark or a Chinese agency. Wuhan prohibits the production and sale of counterfeit and shoddy goods. Article 26 of the Commodity Regulations for suspected counterfeit and shoddy goods shall be inspected by a quality supervision and inspection agency or a quality inspection agency entrusted by the quality and technical supervision department; if an infringing unit needs to be identified, the supervision and management department shall entrust it to conduct the identification. "Jiangsu Province Punishes the Sales of Counterfeit Products" Article 13 of the Regulations on the Trade of Counterfeit and Shoddy Goods. Suspected counterfeit and shoddy goods require inspection. The administrative enforcement department shall draw a certificate and issue a written inspection report within a specified period of time by a designated inspection agency; suspected counterfeit goods shall be identified by infringement. Infringement shall be identified from the time the goods are received for inspection. The administrative department shall process the genuine identification report within seven days upon receipt of the inspection report or identification report. Counterfeit and shoddy goods shall be returned to the operator within three years. The Trademark Office shall have the discretion. Administrative explanation: Approval on the issue of authenticating the authenticity of goods using registered trademarks (Trademark Case [1997] No. 458) The authenticity of goods using a registered trademark should be verified by the registered trademark or by a designated inspection agency. If the conclusion of the double appraisal is consistent and the registered trademark is used together, valid evidence can be provided to prove that the conclusion is true. If the registered trademark is consistent, the registered trademark must be consistent. Use the Appraisal Conclusions to Approval "Reply on Issues Concerning the Appraisal of Counterfeit Registered Trademark Products and Logo" (Trademark Case [2005] No. 172) To investigate and deal with trademark violations, the industrial and commercial administration authority entrusts trademark registration to conduct appraisal of suspected counterfeit registered trademark products and trademark logos. The appraisal conclusion is written in writing and bears corresponding legal responsibilities. The appraisal conclusion is overturned by contrary evidence and the industrial and commercial administration authority adopts the appraisal conclusion as evidence.