Standards for compensation for damages due to trademark infringement: 1. Standards for determining the amount of compensation (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) Actual losses If it is difficult to determine, it can be determined based on the benefits obtained by the infringement due to the infringement; (3) If the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to the multiple of the trademark license fee; (4) For malicious infringement For trademark exclusive rights, if the circumstances are serious, the amount of compensation may be determined to be 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. 2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement. The issue of calculation of profits from infringement. Regarding the issue of calculation of benefits obtained by infringers due to infringement, Article 14 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Trademark Civil Disputes" (hereinafter referred to as the "Interpretation") stipulates: "Trademark Law The benefits obtained from infringement as stipulated in the first paragraph of Article 56 can be calculated based on the sales volume of the infringing product and the unit profit of the product; if the unit profit of the product cannot be ascertained, the profit per unit of the registered trademark product shall be calculated. The Administration for Industry and Commerce also stipulated in its "Opinions on Several Issues in the Administrative Enforcement of Trademarks" on December 29, 1999: "The profits gained by the infringer due to infringement during the infringement period generally refer to sales revenue minus costs and payables. The calculation of sales income only involves the actual income of the infringer, that is, the income from the sold goods does not include the inventory goods. "Although the above two calculation methods are different, their basis is the profit obtained from the infringement. However, in commercial operations, the profits obtained by an enterprise can be divided into three types: main business profit, total profit and net profit. Main business profit refers to all income from sales, after deducting costs; total profit refers to pre-tax income, income tax should be refunded as part of the sales compensation, other expenses should be deducted, and product sales tax will not be refunded; net profit This means that the profits should be deducted not only from costs but also from other expenses, and the amount of compensation shall be the pure profits obtained by the infringer during the infringement period. On the issue of compensation for profits obtained from infringement, it is more reasonable to choose the main business profits as the amount of infringement compensation. This will not only protect the interests of the infringed party without having to pay income tax not generated by one's own business, but also help deter infringement. However, in some cases where the trademark infringement targets only one or a few products of the trademark owner's products instead of all products, different calculation methods should be adopted. In practice, a more practical calculation formula is: Profit from infringement Total sales during the period of infringement × Infringing product distribution ratio × Profit rate. Among them, the distribution ratio of infringing goods refers to the proportion of infringing goods in all goods. According to the above discussion of profits obtained from infringement, the product of the total sales during the infringement period and the distribution ratio of infringing goods is the main operating profit mentioned above.