I. How to compensate for infringement of trademark rights Article 56 of the Trademark Law stipulates: "The amount of compensation for infringement of the exclusive right to use a trademark refers to the interests gained by the infringer during the infringement period or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the interests of the infringer mentioned in the preceding paragraph or the losses suffered by the infringer due to infringement are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. " According to the provisions of this article, we can see that there are three ways to calculate trademark infringement compensation: 1, the interests obtained by the infringer due to infringement; 2. The losses suffered by the infringed party due to infringement; 3. Legal compensation. The law stipulates three ways to calculate compensation. How to apply them in practice? Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes (hereinafter referred to as the Interpretation) stipulates: "When the people's court determines the infringer's liability for compensation according to the provisions of the first paragraph of Article 56 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the obligee." In other words, the infringed can choose whether to apply the first calculation method or the second calculation method. If neither method can be calculated, the court can directly apply the third method. Second, how to calculate and identify trademark infringement needs to grasp the following points: 1, following the principle of protecting registered trademarks. The exclusive right to use a trademark is produced through registration, and has gone through legal procedures and strict examination. Therefore, after the establishment of the exclusive right to use a trademark, before it is revoked, even if it is considered that the trademark is improperly registered, it should be protected within the scope of law. After the expiration of the registered trademark, within the six-month grace period stipulated by law, the owner of the original registered trademark has not applied for renewal, or after the application for renewal has been rejected, if others use the same or similar trademark during this period, it does not constitute trademark infringement; If the owner of the original registered trademark applies for renewal and is approved, others use the same or similar trademark during this period: it constitutes trademark infringement. 2. To judge an approximate trademark, we need to analyze the specific situation, mainly from the three aspects of the sound, shape and meaning of the trademark, combined with composition, color, overall structure and other factors, combined with isolated observation, overall observation and important observation to make a comprehensive judgment. In judgment, it should be based on the possibility that consumers may mistake the source of goods for the basic conditions, not on the necessary facts. 3, to judge similar goods, the premise is the relationship between goods, and consider the relationship between goods and trademarks. Commodities with the same function and use, consumers and sales channels are generally recognized as similar commodities. However, if the raw materials, production enterprises and other factors can clearly indicate the source of the goods, consumers will not mistake them, so they should not be regarded as similar goods. 4. Specific to infringement cases, the quality of goods does not affect the determination of trademark infringement. If others use a trademark that is the same as or similar to the registered trademark without authorization, even if the quality of the goods is better than that of the registered trademark owner, it should be considered as trademark infringement. As for the owner of a registered trademark who thinks that the quality of his goods is inferior, shoddy or shoddy, which constitutes cheating consumers, other provisions of the Product Quality Law and the Trademark Law can be applied, which is not directly related to the determination of trademark infringement. 5. The exclusive right to use a registered trademark is a civil right, and the registrant has the right to exercise his rights within the scope prescribed by law. If a registrant violates the Trademark Law and the Detailed Rules for the Implementation of the Trademark Law in the process of using a registered trademark, relevant provisions can be applied to deal with it, requiring the registrant to bear corresponding administrative legal responsibilities, but it does not affect the determination of trademark infringement. 6. Reasonable definition of normal use behavior The unauthorized use of words and graphics identical or similar to registered trademarks by others does not all constitute trademark infringement: if such use is carried out in a normal way, it does not constitute trademark infringement. If it has constituted infringement, the infringed may choose to settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. In fact, trademark infringement often refers to infringement of registered trademarks. After all, this is protected by China's trademark law and other related laws. As for the infringer, he will bear corresponding legal responsibilities after the infringement, the most important of which is civil liability. When calculating the amount of trademark infringement compensation, there are three different calculation methods, which can be selected according to the specific situation.