There are three standards for the amount of compensation for trademark infringement: the actual loss of the infringed party; the determination of the benefits obtained by the infringer due to the infringement; and the reasonable determination of the multiple of the trademark license fee. In order to determine the amount of compensation, when the right holder has tried its best to provide evidence but the infringer does not provide evidence, the people's court may determine the amount of compensation with reference to the right holder's claims and the evidence provided. For those who maliciously infringe on the exclusive right to use a trademark and the circumstances are serious, the amount of compensation can be determined between 1 time and 3 times the amount determined according to the above method

How to deal with compensation for trademark infringement: The party concerned can provide relevant evidence to prove For infringement losses, compensation is requested based on the infringement losses. If the infringement losses cannot be calculated, compensation can be based on the benefits obtained from the infringement. If the benefits obtained from the infringement cannot be calculated, the amount of compensation can be calculated based on a reasonable multiple of the general usage fee of the trademark.

1. What is trademark right?

Trademark right refers to the exclusive and exclusive rights enjoyed by the trademark owner over his trademark. Since the acquisition of trademark rights in my country follows the registration principle, trademark rights are actually exclusive rights applied by the trademark owner and confirmed by the National Trademark Office, that is, exclusive rights arising from trademark registration. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, or a combination of the above elements

2. How to infringe trademark rights Handling Compensation

According to the provisions of this article, the amount of compensation for infringement of the exclusive right to use a registered trademark shall be determined in the following order and manner:

First, the amount of compensation shall be determined based on "actual losses". That is, the amount of compensation for infringement of trademark exclusive rights shall be determined based on the actual losses suffered by the right holder. According to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks" issued on October 12, 2002, "losses suffered due to infringement" can be "based on the reduction in sales of goods caused by the infringement by the right holder" Or calculated by multiplying the sales volume of the infringing goods and the unit profit of the registered trademark goods." For malicious infringement of the exclusive right to use a trademark and the circumstances are serious, the amount of compensation can be determined from 1 to 3 times the amount determined according to the above method.

In addition, after determining the amount of compensation according to the above method, the reasonable expenses paid by the registered trademark owner to stop the infringement should also be added. The so-called "reasonable expenses", according to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases", "include the reasonable expenses of the right holder or the entrusted agent to investigate and collect evidence on the infringement", "the People's Court "Based on the parties' litigation claims and the specific circumstances of the case, attorney fees that comply with the provisions of relevant national departments can be calculated within the scope of compensation."

Second, the amount of compensation is determined based on the "benefits obtained due to the infringement." That is, when the actual loss of the registered trademark owner is difficult to determine, it can be determined based on the benefits gained by the infringer due to the infringement. According to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases", "the benefits obtained from infringement" can be "calculated based on the product of the sales volume of the infringing product and the unit profit of the product", and "the profit per unit of the product" If it cannot be ascertained, the calculation shall be based on the unit profit of the registered trademark goods." For malicious infringement of the exclusive rights of the trademark and the circumstances are serious, the amount of compensation can be determined between 1 time and 3 times of the amount determined according to the above method. In addition, after determining the amount of compensation according to the above method, the reasonable expenses paid by the registered trademark owner to stop the infringement should also be added.

Third, the amount of compensation is determined based on “a multiple of the trademark license fee”. That is, when it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by reference to 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 between 1 time and 3 times the amount determined according to the above method. In addition, after determining the amount of compensation according to the above method, the reasonable expenses paid by the registered trademark owner to stop the infringement should also be added.

Fourth, the court determines the amount of compensation “with reference to the rights holder’s claims and the evidence provided.”

That is, in order to determine the amount of compensation, the people's court can order the infringer to provide the account books and materials related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer shall not If false account books or information are provided or provided, the people's court may determine the amount of compensation with reference to the right holder's claims and the evidence provided.

Legal Basis

Article 63 of the Trademark Law of the People's Republic of China

The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the rights holder's The actual losses suffered due to infringement are determined; if the actual losses are difficult to determine, they can be determined based on the benefits obtained by the infringer due to the infringement; if the losses of the right holder or the benefits obtained by the infringer are difficult to determine, refer to the multiple of the trademark license fee reasonably certain. 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 amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.