1. There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods.

2. There must be a fact of damage, which means that the perpetrator’s behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

Identification of various types of trademark infringement

(1) Trademark infringement caused by illegal use of other people’s registered trademarks. It refers to using words and graphics that are identical or similar to others’ registered trademarks as product names or product decoration on the same or similar goods without the permission of the trademark registrant.

(2) Trademark infringement caused by selling products that infringe the exclusive rights of registered trademarks.

(3) Trademark infringement caused by forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks.

(4) Trademark infringement caused by reverse counterfeiting.

(5) Trademark infringement caused by diluting well-known trademarks.

(6) The act of registering a domain name with another person’s registered trademark.

(7) The act of registering another person’s registered trademark as a business name.