The following four elements constitute an infringement of selling goods with counterfeit registered trademarks:
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 a fact of damage, that is, the behavior of the actor selling counterfeit trademark goods has caused the damage consequences of the trademark owner. Selling counterfeit goods with 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. Both property loss and goodwill damage are damage facts.
3. The wrongdoer is subjectively at fault, that is, the wrongdoer knows or should know the fact that the goods he sells are counterfeit registered trademarks.
4) There must be a causal relationship between the illegal act and the damage result, that is, there is a causal relationship between the illegal act's sales behavior and the damage result caused by the trademark owner.