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How to compensate for similar trademark infringement

Legal analysis: 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 civil court may 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. If the infringer fails to provide or provides false account books or information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

Legal basis: "Trademark Law of the People's Republic of China" Article 63 The amount of compensation for infringement of the exclusive right to use a trademark is difficult to determine based on the actual losses suffered by the right holder due to the infringement. , the loss of the beneficiary can be determined based on the benefits obtained by the infringer due to the infringement, or if the benefits obtained by the infringer are difficult to determine, it shall be reasonably determined with reference to a 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 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 the account books and materials related to the infringement if 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. If false account books and information are provided, the people's court may determine the amount of compensation with reference to the right 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 obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement. When hearing trademark dispute cases, the People's Court shall, at the request of the obligee, order the destruction of materials and tools that are mainly used to manufacture goods with counterfeit registered trademarks, except under special circumstances, without compensation. Under special circumstances, the aforementioned materials and tools may be ordered to be prohibited from entering commercial channels without compensation. Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.