The determination of trademark infringement. The boundary of trademark infringement adjusted by the crime of counterfeiting a registered trademark determines that not all forms of trademark use are "use" regulated by the criminal law. "Use" in the crime of counterfeiting a registered trademark ?has its specific meaning. First of all, the use in the crime of counterfeiting registered trademarks should be the use on goods, product packaging or containers, excluding use only on non-goods such as transaction documents and advertising. The crime of counterfeiting registered trademarks only regulates relatively serious trademark infringements. This is not only reflected in the definition of the type of infringement, that is, it only regulates the use of the same trademark on the same goods, but also in the way the trademark is used, that is, it is not All uses of trademarks that constitute civil infringement fall under the "use" category of the crime of counterfeiting registered trademarks, but only include the more serious uses, that is, use on goods, product packaging or containers. ?From the perspective of criminal law provisions, the use is strictly limited to the application of the product itself, in order to limit the scope of criminal strikes, and is an important criterion for distinguishing general violations of infringement from crimes. Therefore, use in the sense of criminal law should not include use for advertising, exhibitions, and other commercial activities. The crime of counterfeiting a registered trademark emphasizes the damage caused to the rights and interests of the trademark owner due to the indistinguishability between the goods counterfeiting the registered trademark and the real goods. Therefore, the criminal law emphasizes that a counterfeit registered trademark must be used directly on goods to constitute the crime of counterfeiting a registered trademark.

The main reason why advertising, transaction documents and other activities are excluded from the scope of the crime of counterfeiting registered trademarks is that in terms of the social harm of the behavior, the use of trademarks directly on goods, product packaging or containers The behavior will directly lead to confusion and misunderstanding among consumers and affect the normal order of market competition; and the use of non-products such as advertising and publicity is an auxiliary use of the trademark on goods, and is carried out to expand the sales of infringing goods. Publicity and promotion, although this is also a civil infringement, but compared with directly using other people’s trademarks on goods, the damage consequences are obviously smaller. If the infringer only uses other people's trademarks in advertising but does not use other people's trademarks on the goods actually sold, consumers will at most have pre-sale confusion during the shopping process. The perpetrators subjectively want to free ride rather than purely through counterfeit goods. ?The function of a trademark is to mark its goods to distinguish them from other goods. In order to exert the labeling function of a trademark, the trademark must be combined with the goods to a certain extent. In this way, consumers' understanding of the product can change from general to special, thereby realizing the labeling function of the trademark. If the trademark is quite separated from the product, there will be a gap in time and space between consumers' understanding of the trademark and their understanding of the product. Excessive fragmentation of memory will hinder the understanding of the connection between the trademark and the product, thus affecting the function of the trademark. Therefore, using the trademark for advertising, participating in exhibitions, etc. will affect the function of the trademark for specific goods and does not constitute the execution of this crime. ?[Therefore, the crime of counterfeiting registered trademarks should mainly adjust the use of goods, product packaging or containers that cause more serious harm.