Trademark law is applicable to trademark infringement to protect the rights and interests of companies. Trademark exclusive right is a special civil right, and trademark infringement is also a special civil tort, which is different from general civil tort in terms of constitutive requirements. General civil tort has four elements:

1, infringement damage facts;

2. The illegality of the injury;

3. There is a causal relationship between the illegal act and the damage result;

4. The actor is subjectively at fault.