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 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 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 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. 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 According to the litigation claims of the parties and the specific circumstances of the case, attorney fees that comply with the regulations of the relevant national departments can be calculated within the scope of compensation."

Second, the amount of compensation is determined based on the "benefits obtained from 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 unit profit of the registered trademark goods will be calculated." 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.

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.