Having the following four constitutive requirements constitutes the infringement of selling counterfeit registered trademark goods:

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 the fact of damage, that is, the behavior of the actor selling counterfeit trademark goods has caused the damage consequences of the trademark owner. Selling goods with counterfeit 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. Property loss and goodwill damage are both damage facts.

3) The subjective fault of the actor refers to the fact that the actor knows or should know 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 sales act and the damage result caused by the trademark owner.

Trademark infringement refers to: the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. Its specific performance is as follows:

All acts that infringe upon the rights and interests of others' registered trademarks are acts of infringement of trademark rights. According to the provisions of Article 52 of the Trademark Law, there are mainly the following acts of infringing on the exclusive right to use a registered trademark:

1. The act of using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the registered trademark owner.

2, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again. This behavior is also called "reverse impersonation" in theory.

3. Selling goods that infringe the exclusive right to use a registered trademark. According to Item (3) of Article 56 of the Trademark Law, if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain it to the supplier, and you will not be liable for compensation. Therefore, this form of trademark infringement requires the seller's subjective understanding.

4. Forge or make others' registered trademark marks without authorization or sell forged or made registered trademark marks without authorization. It should be noted that this kind of infringement is trademark infringement, including "manufacturing" and "sales".

5. Acts that cause other damage to the exclusive right to use a registered trademark of others.

According to Article 50 of the Regulations for the Implementation of the Trademark Law and Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Cases, the acts that cause other damages to the exclusive right to register trademarks of others as stipulated in Item (5) of Article 52 of the Trademark Law include:

1, on the same or similar goods, using the same or similar signs as the registered trademarks of others as the name and decoration of the goods, misleading the public;

2. Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment for acts that infringe upon the exclusive right to use a registered trademark of others;

3. It is easy to mislead the relevant public by taking words identical or similar to others' registered trademarks as enterprise names or highlighting them on identical or similar commodities;

4. It is easy to mislead the relevant public by registering words that are the same as or similar to others' registered trademarks as domain names and conducting e-commerce activities related to commodity transactions through this domain name.