The constitutive requirements of infringement are as follows: 1. The actor has harmed the rights and interests of others; Second, the actor is subjectively at fault; 3. The fact that the rights and interests of the infringed person have been damaged; Four, the actor's tort and the rights and interests of the infringed have a causal relationship. Article 52 of the Trademark Law stipulates that if an unregistered trademark is used as a registered trademark, or if an unregistered trademark is used in violation of the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% of the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 1 10,000 yuan may be imposed.

Legal basis:

Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability. Article 166 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If the actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail. Article 167 of the Civil Code of People's Republic of China (PRC) * * * If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.