Whether gifting is considered infringement requires consideration of specific circumstances. According to relevant laws and regulations, if the donated items are goods that infringe the trademark, then it is an infringement. If the gift is a normal item, it does not constitute infringement.

Legal Analysis

According to the provisions of the National Trademark Law, giving away infringing products also constitutes trademark infringement. The industrial and commercial administration department will impose corresponding penalties, such as confiscating the infringing gifts and imposing penalties on the infringer. A certain fine will be imposed. When the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to be stopped immediately, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and impose fines. The so-called "infringement of the exclusive right to use a registered trademark", also known as trademark infringement, refers to all behaviors that damage the rights and interests of others' registered trademarks. To constitute an infringement of the exclusive right to use a registered trademark, four elements are required: First, objectivity, that is, there is an objective fact that damages the rights and interests of others’ registered trademarks; second, illegality, that is, the perpetrator’s behavior violates legal provisions, and legal behavior does not constitute an infringement of registered trademarks. The third is fault, that is, the perpetrator has intentional or negligent fault when committing the illegal act; the fourth is relevance, that is, there is a causal relationship between the fact of damage and the illegal act, and the fact of damage is caused by caused by illegal acts. An act that meets the above four elements simultaneously constitutes an infringement.

Legal Basis

Article 57 of the Trademark Law of the People's Republic of China, any of the following acts shall constitute an infringement of the exclusive right to register a trademark: (1) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar goods Using a trademark that is the same as or similar to its registered trademark on the Internet, which is likely to cause confusion; (3) selling goods that infringe the exclusive rights of a registered trademark; (4) forging or making without authorization the registered trademark signs of others or selling forged or making without authorization registered trademark signs (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market; (6) Intentionally providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks Behavior; (7) Causing other damage to the exclusive right to use registered trademarks of others.