Hello, there are two different opinions on how the behavior of construction units using counterfeit registered trademark building materials during the construction process should be characterized.

The first opinion is that the behavior of the parties does not constitute trademark infringement and is a civil breach of contract. The purchase and use of counterfeit waterproofing membranes by the parties concerned is an act of use in a simple sense. The Trademark Law does not provide for the purchase and use of counterfeit registered trademark goods, and the industrial and commercial authorities cannot impose penalties on the use of counterfeit trademark goods. Even if it is not a simple act of use, the party concerned will lay the purchased counterfeit waterproofing membrane in the construction project and cover it with cement. After the waterproofing project is completed, the trademark of the membrane cannot be seen from the surface. This behavior itself will not cause confusion among consumers. No harm was caused to the owner of the registered trademark.

The second opinion holds that the actions of the parties in this case constitute trademark infringement. The project in this case adopts a comprehensive unit price. Since the construction unit's construction pricing includes material fees and labor costs, it means that the parties involved are selling materials. According to Article 6 of the "Implementation Rules of the Interim Regulations on Business Tax", if a sales behavior involves both taxable services and goods, it is a mixed sales behavior. Therefore, the construction unit should be characterized as selling goods that infringe the exclusive rights of registered trademarks and be punished. Whether confusion is caused is not a necessary legal condition for determining infringement. Since the construction unit in this case sold goods with counterfeit registered trademarks, it should bear corresponding legal liability.

If detailed information is given, a more detailed answer can be given.