Legal analysis: First, the damage consequences or imminent damage, that is, the infringement has caused or is about to cause damage to the trademark owner, which can be manifested as the decline in product sales, the decrease in interests or the decline in trademark reputation.

The second is the illegality of the act, that is, the actor objectively exercised the rights enjoyed by the trademark owner according to law without permission and other legal basis.

Third, there is a causal relationship between damage consequences and illegal acts, that is, damage consequences are directly caused by illegal acts.

The fourth is subjective state, including fault and no fault.

Legal basis: The amount of compensation for infringement of the exclusive right to use a trademark in Article 63 of the Trademark Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.