The first is to determine the compensation amount according to the "actual loss". That is, the amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement. According to the law, "the loss suffered by infringement" can be calculated according to the reduction of commodity sales caused by infringement or the product of infringing commodity sales and the profit of registered trademark commodity unit. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined in accordance with the above-mentioned method of 1 times or more and less than 3 times. In addition, after determining the amount of compensation in the above way, the reasonable expenses paid by the registered trademark owner to stop the infringement should be added. According to the law, the so-called "reasonable expenses" include the reasonable expenses for the obligee or entrusted agent to investigate and collect the evidence of infringement, and "the people's court can calculate the lawyer's expenses that meet the requirements of the relevant state departments within the scope of compensation according to the claims of the parties and the specific circumstances of the case".
Second, determine the amount of compensation according to the "benefits obtained from infringement". That is, if the actual loss of the registered trademark owner is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. According to the law, "the benefits obtained from infringement" can be calculated according to the product of the sales volume of the infringing goods and the unit profit of the goods. "If the unit profit of the goods cannot be determined, it shall be calculated according to the unit profit of the registered trademark goods". For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined in accordance with the above-mentioned method of 1 times or more and less than 3 times. In addition, after determining the amount of compensation in the above way, the reasonable expenses paid by the registered trademark owner to stop the infringement should be added.
Third, determine the compensation amount according to "multiple of trademark license fee". That is, in the case that the loss of the obligee or the interests of the infringer are difficult to determine, it shall be reasonably determined with reference 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 can be determined in accordance with the above-mentioned method of 1 times or more and less than 3 times. In addition, after determining the amount of compensation in the above way, the reasonable expenses paid by the registered trademark owner to stop the infringement should be added.
Fourth, the amount of compensation is determined by the court "with reference to the claims and evidence provided by the obligee". That is to say, in order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has done his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
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.