Legal analysis: the composition of trademark infringement usually includes the following elements: causing damage or about to cause damage, that is, the infringement has caused or is about to cause damage to the trademark owner, which can be manifested as a decline in product sales, a decrease in interests or a decline in trademark reputation. The illegality of an act means that the actor objectively exercises the rights enjoyed by the trademark owner according to law without permission and without other legal basis.

Legal basis: Article 4 of the Trademark Law of People's Republic of China (PRC) stipulates that if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark in its production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected.