The mark is a claim that your product is compliant. If you put the mark on something that isn't compliant the mark isn't fake, your product isn't compliant and you (or the importer) are liable as a result.
A mark that's poorly made (smudged, bad dimensions, etcetera) might make consumers suspicious but from the law's point of view the question is only whether this seems to be a claim of conformance, and almost any mark closely resembling the official CE mark is clearly a claim of conformance.
The mark is a claim that your product is compliant. If you put the mark on something that isn't compliant the mark isn't fake, your product isn't compliant and you (or the importer) are liable as a result.
A mark that's poorly made (smudged, bad dimensions, etcetera) might make consumers suspicious but from the law's point of view the question is only whether this seems to be a claim of conformance, and almost any mark closely resembling the official CE mark is clearly a claim of conformance.