Determination of the amount of trademark infringement: Calculate the illegal business amount based on the price of the infringing product; if the party under investigation has clear accounts and complete sales records, the calculation should be based on the actual sales price. The amount of compensation for infringement of trademark exclusive rights shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.

Legal Basis

Article 13 of the "Price Law"

Operators shall not sell goods at an additional price in addition to the marked price, and shall not charge any unmarked fees. Generally speaking, the actual sales price of an item will not be higher than its listed price. If the infringing product has a price tag and its actual sales price can be ascertained, based on the principle of fairness, the calculation should be based on the actual sales price.