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Must there be an appraisal report for trademark infringement cases?
The so-called "manufacturer's appraisal conclusion" refers to a special evidence formed by the manufacturer (usually the trademark owner) of the product involved in a trademark infringement case to confirm the authenticity or source of the suspected infringing goods and their trademark marks. In particular, when dealing with administrative cases of trademark infringement, industrial and commercial authorities usually entrust the registered trademark owner to identify the goods involved, and take their identification conclusions as the basis for determining whether the infringement is committed or not. As the key evidence in administrative cases, the appraisal conclusion issued by the trademark owner is generally the direct basis for finalizing the case and plays a decisive role in proof. However, the objectivity, impartiality and authority of this appraisal conclusion are questioned and criticized because of the existence of legal interests between the appraisal subject and the infringement, the simple appraisal methods and means, and the lack of scientific and reasonable analysis and argumentation and neutrality in the process of conclusion formation. Whether this kind of appraisal conclusion belongs to the category of legal evidence and can be directly used as the basis for identifying trademark infringement is controversial in theory and practice. Therefore, correctly understanding and grasping the nature of its evidence is helpful for industrial and commercial authorities to accurately identify its evidential ability, probative force and standard requirements in trademark infringement administrative cases, and give full play to its probative role in trademark infringement administrative cases, which has extremely important theoretical guidance and practical significance for law enforcement.