Legal analysis:

1. There must be illegal behavior, which means that the perpetrator has carried out the act of selling counterfeit registered trademark goods;

2. There must be The occurrence of damage means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knew or should have known the fact that the goods sold were goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a cause-and-effect relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

Legal basis:

Article 1165 of the "People's Republic of China and Civil Code" stipulates: If an actor causes damage to the civil rights and interests of others due to fault, Should bear infringement liability. According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.

Article 1185 of the "People's Republic of China and Civil Code" stipulates: If the intellectual property rights of others are intentionally infringed, and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.