Trademark infringement is a special kind of civil infringement.

(1) There is an illegal act. The illegality of an act means that the act committed by the actor violates the provisions of the Trademark Law, the Implementation Regulations of the Trademark Law and other relevant laws, that is, the act has occurred. Using a trademark that is identical or similar to another's registered trademark on the same or similar goods without the permission of the trademark registrant, or obstructing the trademark registrant from exercising the exclusive right to use the trademark. The existence of trademark violations is a prerequisite for the formation of infringement.

(2) The fact of damage is a special condition in trademark infringement. As for the fact of damage, it can be material damage or non-material damage. Material damage is the reduction or elimination of the trademark registrant’s economic interests. Non-material damage refers to the damage or disparagement of the right holder's product reputation and corporate image due to infringement of the exclusive right to use a trademark. Non-material damage is intangible and cannot be calculated at the time, but it will eventually lead to the loss of property interests of the right holder. In practice, the identification of material damage must be provided by the infringed party, but it is very difficult to provide evidence for the identification of non-material damage, so there is no need for the infringed party to provide evidence. As long as there is an illegal act, it will be deemed to have non-material damage, and the infringed party can request to stop the infringement.

(3) There is a causal relationship between the illegal act and the fact of damage. The fact of damage is different, and the causal relationship formed is also different. If an illegal act that infringes upon the exclusive right to use a trademark results in the objective existence of the fact of damage, then the violation and the fact of damage form a causal relationship. For example, if a counterfeit brand of wine is of very poor quality, consumers will mistakenly think that the quality of the brand has declined after drinking it. This means that there is a causal relationship between the infringement and the damage. If the damage occurs due to other reasons, it does not constitute a constitutive element of trademark infringement.

(4) Subjective fault of the perpetrator. The new Trademark Law deletes the word "knowingly" from Article 38(2) of the original law, "knowingly selling goods that infringe the exclusive right to use a registered trademark", that is, The subjective elements for determining the infringement of this behavior have been eliminated, and the principle of “no-fault liability” has been confirmed to apply. That is to say, no matter whether the infringer is intentional or negligent, he should bear legal responsibility.