1. How much compensation is generally required for trademark infringement
1. The amount of compensation for trademark infringement shall be determined in the following order and manner:
(1) According to the actual situation Determine the amount of compensation for the loss. That is, 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) The amount of compensation shall be determined based on the benefits obtained due to the infringement;
(3) The amount of compensation shall be determined as a multiple of the trademark license fee;
(4) The court shall determine the amount of compensation with reference to the right holder’s claims and the evidence provided.
2. Legal basis: Article 32 of the "Trademark Law of the People's Republic of China"
Application for trademark registration shall not damage the existing prior rights of others, nor shall Use unfair means to preemptively register a trademark that is already used by others and has certain influence.
Article 25
Within six months from the date when the trademark registration application was first filed in a foreign country, the applicant for trademark registration registers another trademark in China for the same goods. If a trademark registration application is filed for the same trademark, the foreign country may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority.
If you claim priority in accordance with the preceding paragraph, you must submit a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to submit a written statement Or if a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that priority has not been claimed.
2. What are the conditions for applying for a registered trademark?
There are the following conditions for applying for a registered trademark:
1. The principle of good faith must be followed;
2. Be responsible for the quality of the goods using the trademark;
3. The trademark applied for must be distinguishable from other people’s goods;
4. The trademark must have distinctive features and be easy to identify. , and shall not conflict with the previously acquired legal rights of others.