Trademark infringement laws provide for compensation

In trademark infringement cases, the law provides for damages to the trademark owner. According to the Trademark Law of the People's Republic of China, the trademark owner may require the infringer to bear liability for damages. The amount of compensation is usually determined based on the benefits gained by the infringer due to the infringement or the losses suffered by the trademark owner due to the infringement.

When determining the amount of compensation, the court will consider multiple factors, including the popularity of the trademark, the nature of the infringement, the duration of the infringement, the scope of the infringement, and the actual losses caused by the infringement to the trademark owner. If the trademark owner can prove that it has suffered actual losses due to infringement, the court will determine the amount of compensation based on the extent of the losses.

In addition to actual losses, the trademark owner can also require the infringer to bear reasonable rights protection costs, including attorney fees, investigation and evidence collection fees, etc. These fees are necessary expenses incurred by trademark owners to protect their rights and interests, and infringers should bear corresponding liability for compensation.

In summary: Trademark infringement laws provide for liability for damages. The amount of compensation is determined based on the benefits gained from the infringement or the losses suffered by the trademark owner, and multiple factors are taken into consideration. In addition to actual losses, the infringer can also be required to bear reasonable rights protection costs.

Legal basis:

Article 57 of the "Trademark Law of the People's Republic of China" stipulates that any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, Using a trademark that is similar to its registered trademark on the same kind of goods, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Sales that infringe the exclusive rights of registered trademarks goods;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Without the consent of the trademark registrant, Changing its registered trademark and putting the goods with the changed trademark back into the market;

(6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

p>

(7) Causing other damage to the exclusive right to use registered trademarks of others.

Article 63 of the Trademark Law of the People's Republic of China stipulates: 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; the actual losses are difficult to determine If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it can be determined based on the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The reasonable expenses paid by the obligee to stop the infringement shall be borne by the infringer.