The identification opinion of the trademark right holder is only a kind of evidence material, equivalent to a "victim's statement" or "party's statement", and is often the opposing party or the conflicting party of the alleged infringer in terms of position. In practice, it has even occurred that registered trademark rights holders deliberately identify genuine products as counterfeit goods for reasons such as cracking down on "collusion". Therefore, in the enforcement of trademark infringement, it is necessary to verify the reasonableness and authenticity of the trademark rights holder's identification opinions, examine whether the identification personnel have the ability to identify and identify the subject, fully protect the rights of the accused infringer to conduct cross-examination and defense by submitting contrary evidence, applying for the appraisal of trace material evidence, etc., must effectively eliminate reasonable doubts, cannot simply use them, cannot unconditionally accept the identification opinions of trademark rights holders, and prevent trademark rights holders from deliberately falsely calling genuine products as counterfeits due to cracking down on "collusion" and other reasons. The CNIPA's Judgment Standards for Trademark Infringement states that trademark rights holders should bear corresponding legal responsibilities for their identification opinions; The trademark enforcement department shall examine the authenticity of the identification opinion and the subject qualification of the identification person, and if no problems are found after review, and the alleged infringer has not submitted evidence to the contrary, the identification opinion shall be accepted as evidence.
