For trademark infringement, the minimum compensation is 10 yuan, and the court will award five times the punitive damages

For trademark infringement, the following standards can be referred to:

(1 ) The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement;

(2) If the actual losses are difficult to determine, they may be determined based on the benefits gained by the infringer due to the infringement;

(3) If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by referring to the multiple of the trademark license fee;

(4) For malicious infringement of trademarks, the exclusive use of If the circumstances are serious, the amount of compensation may be determined between one time and three times the amount determined according to the above method.

The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

If consensus cannot be reached, you can go to the industrial and commercial department to deal with it:

If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to be stopped immediately, and the infringing goods and products shall be confiscated and destroyed. Tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 50,000 yuan may be imposed. A fine of not more than 250,000 yuan. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

With regard to trademark infringement, the degree of legal liability is also different. If it is difficult to determine the benefits gained by the infringer due to the infringement, or the losses suffered by the infringed party due to the infringement, the people's court shall decide based on the infringement. Judgment of circumstances of conduct.

1. The benefits obtained by the infringer due to the infringement. It can be calculated based on the product of the sales volume of the infringing product and the unit profit of the product. If the unit profit of the product cannot be ascertained, it can be calculated based on the unit profit of the registered trademark product.

2. The losses suffered by the infringed party due to the infringement, including investigation fees and attorney fees spent to stop the infringement. The reduction in product sales caused by the infringement by the infringed party or the product of the sales volume of the infringing products and the unit profit of the registered trademark can be used as evidence. As for investigation fees and attorney fees, the entrustment contract and invoice of the law firm can be used as evidence. .

3. If it is difficult to determine the amount based on the above two methods, you can request the People's Court to award compensation based on the circumstances.

The People's Court generally handles trademark infringement cases in the form of civil sanctions. Based on the infringed party’s right to claim for prohibition, claim for loss compensation, claim for return of undue benefits, and claim for restoration of reputation, the People’s Court may adopt the following methods individually or in combination:

1. Order the infringer to immediately Stop the violation. Items constituting the infringement can be destroyed, equipment used for the infringement can be dismantled, and tools, templates, etc. directly used for the infringement can be invited;

2. Eliminate the impact and restore the credibility of the infringed party, such as ordering The infringed party publishes an apology statement in newspapers and magazines to restore the business reputation of the infringed party;

3. Compensate the infringed party for its losses. The amount of compensation is calculated based on the amount of compensation caused by the infringement during the infringement period. The profits obtained or the losses suffered by the infringed party due to the infringement during the period of infringement. In addition, the infringer should also compensate the infringer for the expenses incurred by the infringed party in investigating, collecting evidence, and hiring litigation or non-litigation agents;

4. In addition to the above main methods, the people's court can also Take measures such as admonishment, ordering repentance, confiscation of illegal income, fines or detention.