according to article 56 of the trademark law, the amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits obtained 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 infringer gains benefits from infringement as mentioned in the preceding paragraph, or it is difficult to determine the losses suffered by the infringed, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement. Under normal circumstances, the civil liability of trademark infringement includes stopping the infringement and compensating for the losses, and the amount of compensation is determined according to the loss of the obligee, the profit of the infringer, the license fee of registered trademark, punitive damages and statutory compensation.

1. Stop the infringement

1. Under normal circumstances, the specific liability methods of the court decision include:

(1) Stop the infringement of the plaintiff's exclusive right to use a registered trademark;

(2) If the prominent use of a registered trademark in an enterprise name constitutes infringement, and it is judged that the standardized use of the enterprise name is enough to stop the infringement, it may be judged that the prominent use of a registered trademark or the standardized use of the enterprise name is not allowed;

2. Exceptions: If the decision to stop the infringement will harm the interests of the public, or cause an imbalance of major interests between the two parties, or it is actually impossible to implement it, it is not necessary to stop the infringement and appropriately increase the amount of civil compensation.

second, compensation for losses according to the provisions of the trademark law, the amount of compensation for infringement of the exclusive right to use a trademark is determined according to the actual losses suffered by the obligee due to infringement;

if the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to the infringement;

if it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at least one time but not more than three times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.

1. Loss of the obligee The loss of the obligee can be calculated according to the decrease in the sales of goods caused by infringement by the obligee or the product of the sales of infringing goods and the unit profit of the registered trademark goods.

2. The profit of the infringer can be calculated according to the product of the sales volume of the infringing commodity and the unit profit of the commodity; If the unit profit of the commodity cannot be ascertained, it shall be calculated according to the unit profit of the registered trademark commodity.

3. The determination of the license fee of a registered trademark can be based on the license fee recorded in the trademark license contract filed and announced by the plaintiff.

4. punitive damages for malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, can be determined according to the amount determined by the calculation method of the loss or infringement profit of the obligee, and the amount of compensation can be determined.

5. If it is difficult to determine the actual loss suffered by the obligee due to infringement, the interests gained by the infringer due to infringement and the license fee for registered trademarks, the people's court may apply statutory compensation and award compensation of less than 3 million yuan according to the circumstances of the infringement. When applying statutory compensation, the following factors should be considered:

(1) the nature, duration and consequences of the infringement;

(2) the reputation of the trademark;

(3) the amount of trademark license fee;

(4) the type, time and scope of trademark license;

(5) reasonable expenses to stop the infringement. After the people's court has determined the legal amount of compensation, if the parties reach a mediation agreement in accordance with the provisions of the legal amount of compensation, it shall be allowed.

6. Reasonable expenses The reasonable expenses paid to stop the infringement include:

(1) notary fees;

(2) The expenses for investigation and evidence collection include the expenses for file inquiry and printing of written materials;

(3) transportation, accommodation, meals, etc.

(4) translation fee;

(5) reasonable legal fees.

7. The infringer's obstruction of giving evidence is subject to statutory compensation. 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 when the obligee has tried his best to give evidence and the account books and materials related to the infringement are mainly in the hands of the infringer.