1, there must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks;

2, there must be damage facts, that is to say, the behavior of selling counterfeit trademark goods implemented by the actor has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts;

3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks;

4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner.

Legal basis: Article 7 of the Trademark Law of People's Republic of China (PRC).

The application for registration and use of trademarks should follow the principle of good faith.

A trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.

Article 8

Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can apply for registration as a trademark.

Article 10

The following signs shall not be used as trademarks:

(a) the same as or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song and medal of People's Republic of China (PRC), and the same as the name, symbol, place name or the name and figure of the landmark building where it is located;

(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except with the consent of the government of that country;

(3) identical with or similar to the name, flag, emblem, etc. Intergovernmental international organizations, except with the consent of the organization or not easily misleading the public;

(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;

(5) identical with or similar to the names and symbols of the Red Cross and Red Crescent;

(six) with ethnic discrimination;

(seven) deceptive, easy to make the public misunderstand the quality or origin of goods;

(eight) harmful to socialist morality or other adverse effects.

Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.