1. Causing damage or imminent damage, that is, the infringement has caused damage or is about to cause damage to the trademark owner, which can be manifested as a decline in product sales, a decrease in benefits or a decrease in trademark reputation;

2. Illegality of behavior, that is, the actor objectively exercises the rights enjoyed by the trademark owner according to law without permission and other legal basis;

3. There is a causal relationship between the damage consequence and the illegal act, that is, the damage consequence is directly caused by the illegal act;

4. Subjective state, including fault and no fault. Under normal circumstances, if an actor illegally uses a trademark that is the same as or similar to a registered trademark, forges or makes the logo of another person's registered trademark without authorization, and acts of reverse counterfeiting a registered trademark, the subjective fault of the actor shall be taken as the element when determining whether there is infringement; For the act of selling goods with counterfeit registered trademarks, the subjective fault of the actor is not the key element when determining whether there is infringement.

There are the following kinds of trademark infringement:

1. The act of using a trademark that is the same as or similar to a registered trademark on the same or similar goods without the permission of the trademark registrant, also known as infringement;

2. Selling goods that infringe the exclusive right to use a registered trademark is a trademark infringement in the circulation field, also known as sales infringement;

3. The act of forging or manufacturing a registered trademark of another person without authorization or selling a forged or manufactured registered trademark is also called trademark infringement;

4. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market is called reverse counterfeiting abroad;

5. Acts that cause other damages to the exclusive right to use a registered trademark of others.

Legal basis: Article 76 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China

Using a mark identical with or similar to another person's registered trademark as a commodity name or a commodity decoration, misleading the public, is an act of infringement of the exclusive right to use a registered trademark as stipulated in Item 2 of Article 57 of the Trademark Law.