legal analysis: 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 his registered trademark and damage the legitimate rights and interests of the trademark owner. The actor sells goods that he knows or should know are counterfeit registered trademarks, and the natural person or legal person whose trademark exclusive right is infringed has the right to ask the infringer to stop the infringement, eliminate the influence and compensate for the losses in civil.
Legal basis: Article 12 of the Civil Code of the People's Republic of China
If the civil rights and interests are infringed, the infringed party has the right to request the infringer to bear the tort liability.
Article 213 Whoever, without the permission of the owner of a registered trademark, uses a trademark identical to its registered trademark on the same commodity or service, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Article 214 Whoever knowingly sells a commodity with a counterfeit registered trademark, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years and shall also be fined.
Article 215 Whoever forges or makes a registered trademark mark of another person without authorization or sells a forged or made registered trademark mark without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.