It depends on the specific situation. If the trademark used is not registered or recognized by the trademark holder, it does not constitute infringement. On the contrary, it constitutes infringement. Judging from the current case, giveaway is a promotion strategy of commodities, aiming at realizing commercial profits through special management means. This giveaway behavior is actually a special sales behavior. Therefore, the gift of goods that infringe the exclusive right to use a registered trademark belongs to trademark infringement, and the donor should bear the responsibility to stop the infringement; If he knows or should know that the donated goods are goods that infringe the exclusive right to use a registered trademark, he shall also be liable for damages.

legal ground

Article 57 of the Trademark Law

One of the following acts is an infringement of the exclusive right to use a registered trademark: (1) using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others.