Legal analysis: There must be an illegal act, which means that the perpetrator has sold counterfeit registered trademark goods; there must be a fact of damage, that is, the perpetrator has sold counterfeit trademark goods that have caused the damage. Damage consequences to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage. The offender is subjectively at fault, which means that the offender already knew or should have known that the goods sold were goods with counterfeit registered trademarks. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.

Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts is an infringement of the exclusive right to register a trademark:

(1) ) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Using the same kind of trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Counterfeiting or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the replaced trademark The goods are put into the market;

(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Giving Other damages caused by the exclusive right to use registered trademarks of others.