is an infringement of trademark rights. According to Article 76 of the Trademark Law of the People's Republic of China, using a mark identical with or similar to another person's registered trademark as a product name or decoration on the same kind of goods or similar goods, misleading the public, is an act of infringement of the exclusive right to use a registered trademark as stipulated in Item 2 of Article 57 of the Trademark Law.

article 77 anyone may complain or report to the administrative department for industry and commerce about the infringement of the exclusive right to use a registered trademark.

Determination of the infringement of selling goods with counterfeit registered trademarks

If the following four constitutive requirements are met, it constitutes the infringement of selling goods with counterfeit registered trademarks:

1. There must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks;

2. There must be a fact of damage, that is, the act of selling counterfeit trademark goods carried out by the actor has caused damage to the trademark owner. Selling counterfeit goods with registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Both property loss and goodwill damage are damage facts.

3. The wrongdoer is subjectively at fault, which means that the wrongdoer knows or should know the fact that the goods he sells are counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage result, that is, there is a causal relationship between the illegal act's sales behavior and the damage result caused by the trademark owner.

what are the above references? Baidu Encyclopedia-Trademark Law of the People's Republic of China