Affected by economic globalization and new technologies, trademarks have become an important sign and competition content for all kinds of enterprises to enter new markets across national borders, resulting in more and more cross-border trademark infringement disputes. When infringements occur overseas and have a substantial effect on the interests of Chinese trademark owners, whether Chinese courts can break through the territoriality of trademarks to regulate and administer such acts is still controversial in judicial practice. Based on the legitimacy of regulating the relevant market competition and the value objective of trademark protection, under special circumstances, Chinese Trademark Law has the right to regulate the infringement of extraterritorial trademark use. By examining the standards and application of EU and US trademark laws to regulate infringement of extraterritorial trademark use, it can be considered reasonable and feasible to apply the substantive effect test in relevant judicial practice in China. When an extraterritorial actor intentionally commits an infringing act prohibited by Chinese Trademark Law, and the act has a substantial effect on Chinese trademark interests and commercial activities, the Trademark Law should break through the strict territoriality restrictions, regulate infringing acts of extraterritorial trademark use, or include it into the consideration of domestic trademark infringement judgment.