Currently, judging from multiple legal provisions, including local regulations, the state legally recognizes the right of registered trademark owners to identify the authenticity of trademarks. Among them, the Trademark Office of the State Administration for Industry and Commerce’s reply on the issue of authenticating the authenticity of goods using registered trademarks (Trademark Case [1997] No. 458) stipulates that “the authenticity of goods using registered trademarks shall be determined by the legal user of the registered trademark or the Appraisal by statutory inspection agencies. In the event that the appraisal conclusions of the two parties are inconsistent, if the legal user of the registered trademark can provide valid evidence to prove that the conclusion is true and legal, the appraisal conclusion of the legal user of the registered trademark shall prevail." "About Counterfeiting. Reply on Issues Related to the Appraisal of Registered Trademark Products and Logo” (Trademark Case [2005] No. 172) “In the process of investigating and handling trademark violations, the industrial and commercial administrative authorities may entrust the trademark registrant to conduct inspections on suspected counterfeit registered trademark goods and trademark logos. If the person being appraised has no contrary evidence to overturn the appraisal conclusion, the appraisal conclusion shall be accepted as evidence. ”

Legal Basis

"Criminal Law of the People's Republic of China"

Article 213: Without the permission of the registered trademark owner, the use of the same kind of goods or services with the same registered trademark If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be fined.