Trademark infringement means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes or hinders the trademark owner from using its registered trademark. Behavior that damages their legitimate rights and interests. After it is determined that the exclusive right to use a trademark has been infringed, the trademark infringer needs to compensate the owner of the exclusive right to use the trademark. So what is the standard of compensation for trademark infringement?

1. Compensation Standards for 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 based on the right holder’s The actual loss suffered by the infringement shall be determined;

(2) If the actual loss is difficult to determine, it can be determined according to the benefits obtained by the infringer due to the infringement;

(3) The rights holder’s If the loss 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 the exclusive right to use a trademark, and the circumstances are serious, the amount may be determined according to the above method. The amount of compensation shall be determined between one time and three times.

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 obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall decide to award 300 yuan based on the circumstances of the infringement. Compensation of less than 10,000 yuan.

2. Legal liability for trademark infringement

1. Civil liability

(1) Stop the infringement and eliminate the impact;

( 2) Compensate for losses.

2. Administrative liability

(1) Stop infringement, including ordering to immediately stop sales; confiscation and destruction of infringing goods; confiscation and destruction of goods specifically used to manufacture infringing goods and counterfeit registered trademarks Tools;

(2) Fine.

3. Criminal liability

If the following circumstances constitute a crime, in addition to compensating the losses of the infringed person, criminal liability will be pursued in accordance with the law:

(1) Without The trademark registrant has given permission to use the same trademark as his or her registered trademark on the same kind of goods;

(2) Forgery or unauthorized manufacture of registered trademark signs of others or sale of forged or unauthorized registered trademark signs;

(3) Selling goods that are knowingly counterfeit registered trademarks. Trademark infringement