first, determine the compensation amount according to the "actual loss". That is, the amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes on October 12, 22, "the loss suffered by infringement" can be calculated according to the product of the sales reduction of goods caused by infringement or the sales volume of infringing goods and the unit profit of the registered trademark goods. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at more than 1 time and less than 3 times the amount determined according to the above method.
second, the amount of compensation is determined according to the "benefits obtained from infringement". That is, if the actual loss of the registered trademark owner is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, "the benefits obtained from infringement" can be calculated according to the product of the sales volume of the infringing goods and the unit profit of the goods, and "if the unit profit of the goods cannot be ascertained, it shall be calculated according to the unit profit of the registered trademark goods". In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at more than 1 time and less than 3 times the amount determined according to the above method. In addition, after the amount of compensation is determined in the above way, the reasonable expenses paid by the registered trademark owner to stop the infringement should also be added.
Third, determine the compensation amount according to "multiple of trademark license fee". That is, in the case that the loss of the obligee or the benefit of the infringer is difficult to determine, it is reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at more than 1 time and less than 3 times the amount determined according to the above method. In addition, after the amount of compensation is determined in the above way, the reasonable expenses paid by the registered trademark owner to stop the infringement should also be added.
Fourth, the amount of compensation is determined by the court "referring to the claims and evidence provided by the obligee". That is to say, in order to determine the amount of compensation, the people's court can order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.