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