For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the determined amount. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the court will award a compensation of less than three million yuan based on the circumstances of the infringement.

Legal basis:

"Trademark Law of the People's Republic of China (2019 Amendment)"

Article 63 Compensation for infringement of exclusive rights to trademarks The amount shall be determined based on the actual loss suffered by the right holder due to the infringement; if the actual loss is difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, refer to the trademark The multiple of the license fee is reasonably determined. 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.

If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award RMB 5 million based on the circumstances of the infringement. the following compensation.

When hearing trademark dispute cases, the People's Court shall, at the request of the right holder, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed. Ordered to destroy without compensation; or under special circumstances, ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation.

Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.