The act of counterfeiting a registered trademark not only violates the Trademark Law, but also applies Article 5 of the Anti-Unfair Competition Law of People's Republic of China (PRC), that is, "an operator shall not engage in market transactions by the following improper means, thus harming competitors: (1) counterfeiting a registered trademark of others".
In view of the infringement of a registered trademark, two kinds of behaviors are generally recognized at the same time, that is, they constitute an infringement of the exclusive right to use a registered trademark and an improper act of counterfeiting another person's registered trademark;
However, for previously well-known unregistered trademarks, it can only be regarded as unfair competition. Article 56 of the Trademark Law stipulates that the exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use.