As an enterprise with trademark rights, if it finds that others have infringed on its trademark rights, it should safeguard its legitimate rights and interests and ask the other party to compensate for its own economic losses. How to calculate the amount of compensation for trademark infringement is clearly stipulated in Article 56 of the Trademark Law that "the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party during the infringement period." If it is difficult to determine the interests of the infringer as mentioned in the preceding paragraph or the losses suffered by the infringer as a result of infringement, the people's court shall award compensation of less than 5, 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 the trademark infringement compensation: 1. The benefits 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 it in practice? Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes (hereinafter referred to as 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 can calculate the amount of compensation according to the calculation method selected by the obligee." That is to say, 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. 1. Application of the first calculation method (infringer's interests due to infringement) It is very complicated to calculate the infringer's interests due to infringement in strict accordance with the financial system. First, it is almost impossible to obtain the infringer's complete and true financial records in practice. Second, the infringer probably has no actual profits. For example, the infringement was discovered at the beginning, and all the goods have not been sold or the sales volume is very small, which is not enough for the packaging and other expenses in the early stage. The explanation of the High Court further simplified the problem. Explain Article 14: "The benefits obtained from infringement stipulated in the first paragraph of Article 56 of the Trademark Law can be calculated according to the product of the sales volume of the infringing goods and the unit profit of the goods; If the unit profit of the commodity cannot be ascertained, it shall be calculated according to the unit profit of the registered trademark commodity. " This method is widely used in practice. After suing the court, the trademark owner can apply to the court for evidence preservation of the infringer's financial books. Once the court succeeds in preservation, the trademark owner can calculate the infringer's profit according to the sales quantity recorded in the infringer's financial records. 2. Interpretation of the Application of the Second Calculation Method (Losses Suffered by the Infringed Person due to Infringement) Article 15: "The losses suffered by the infringed person as stipulated in the first paragraph of Article 56 of the Trademark Law may be calculated according to the product of the sales reduction of the goods caused by the infringement or the sales volume of the infringing goods and the unit profit of the goods with the registered trademark." This method is actually difficult to apply in practice. Because there are countless reasons for the decline in product sales, each product has its life cycle, which is bound to decline at the end of the product life. It is also difficult for trademark owners to prove that the decline in sales is caused by infringement by others. In practice, it is rare to see compensation calculated in this way at present. 3. Interpretation of the application of the third calculation method (statutory compensation) Article 16: "If it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed, the people's court may determine the amount of compensation at the request of the parties or ex officio by applying the provisions of the second paragraph of Article 56 of the Trademark Law." Statutory compensation has preconditions, and it is only applicable when the first two methods cannot be calculated. The maximum amount of compensation is 5, yuan. Explain the second paragraph of Article 16: "When determining the amount of compensation, the people's court should consider the nature, period and consequences of the infringement, the reputation of the trademark, the amount of the trademark license fee, the type, time and scope of the trademark license and the reasonable expenses for stopping the infringement." The judge will make comprehensive consideration according to various factors specified. Legal objectivity:

Article 63 of the Trademark Law

The amount of compensation for infringement of the exclusive right to use a trademark shall be 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. For 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 five 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.