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How to compensate for trademark infringement?

For trademark infringement, the People's Court shall award a compensation of up to 500,000 yuan based on the circumstances of the infringement.

The amount of compensation for infringement of trademark exclusive rights shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the infringer's efforts to stop the infringement. Reasonable expenses incurred for the conduct. If the above-mentioned infringer's benefits from infringement or the losses suffered by the infringed party due to infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.

There are three calculation methods for trademark infringement compensation:

1. The benefits gained by the infringer due to the infringement;

2. The losses suffered by the infringed party due to the infringement ;

3. Statutory compensation.

Any of the following acts constitutes trademark infringement:

1. Using the same or similar trademark on the same or similar goods without the permission of the trademark registrant. Similar trademarks that may cause confusion;

2. Selling goods that infringe registered trademark rights;

3. Counterfeiting or unauthorized production of trademarks that are identical or similar to others’ registered trademarks logo, or sell counterfeit or unauthorized logos that are the same as or similar to others’ registered trademark logos;

4. Without the consent of the trademark registrant, replace the registered trademark and put the goods with the replaced trademark back into the market market;

5. Using a mark that is identical or similar to another’s registered trademark as a product name or product decoration on the same or similar goods, misleading the public;

6. Intentionally providing convenient conditions such as warehousing, transportation, mailing, concealment, processing, production tools, production technology or business premises for infringement of other people's trademark rights;

7. Using trademarks that are identical or similar to others' registered trademarks The text is used as the company's trade name on the same or similar goods, or is used in other ways to highlight its identification function, which is likely to cause misunderstanding by the relevant public;

8. Copying, imitating, and translating others' registrations A well-known trademark or its main part is used as a trademark on different or dissimilar goods, misleading the public, causing the interests of the well-known trademark registrant to be harmed;

9. Registering a trademark with others The same or similar text is registered as a domain name, and the e-commerce promotion of relevant products or product transactions is carried out through the domain name, which is likely to cause misunderstanding by the relevant public;

10. The exclusive right to register a trademark given to others causing other damage.

Legal basis: Article 67 of the Trademark Law of the People's Republic of China

Using the same trademark on the same product without the permission of the trademark registrant If a trademark constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law.

If a person forges or manufactures other people’s registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.

Whoever knowingly sells goods with counterfeit registered trademarks constitutes a crime. In addition to compensating the infringed party for losses, he will also be held criminally responsible in accordance with the law.