Illegal. 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 damage facts, that is to say, the behavior of selling counterfeit trademark goods implemented by the actor 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 already knows or should know that the goods sold are counterfeit registered trademarks.

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

legal ground

Article 214 of the Criminal Law of People's Republic of China (PRC), whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.