Legal analysis: (1) Use the trademark design fee to determine the value of the trademark and determine the amount of infringement compensation. In the practice of trademark registration, a large number of trademark logos are designed by professionals from trademark offices and colleges of arts and crafts entrusted by the applicant, and the trademark applicant pays a design fee. The judge can borrow the amount of trademark design fees, average the trademark design fees, and determine the value of each trademark mark, and then multiply the unit value by the number of trademarks used by the infringer as the amount of infringement compensation.

(2) The amount of compensation shall be determined based on the product sales area and advertising fund investment. When it is difficult to calculate the amount of compensation based on the actual losses suffered by the victim due to the infringement or the illegal profits obtained by the infringer due to the infringement, in addition to determining the compensation based on the trademark design fee to determine the value of the trademark, the court may also use the infringer's area of ????implementation to determine the compensation. The proportion of the sales area of ??the victim's goods is used to determine the share of the infringing goods in the market. According to the survey statistics of the international advertising industry, advertising expenses can bring 20% ??return on its products or services.

(3) The amount of compensation shall be determined based on the infringer’s subjective bad faith and other specific circumstances.

Some intangible assets lack standardized registration, accounting and transaction-related financial records and are confusing. Therefore, it is difficult to determine the amount of compensation using the above calculation method. In this case, some courts determine the amount of compensation based on the subjective degree of malice of the infringer, the manner of the infringement, the time when the infringement was committed, the time the trademark owner used the trademark, the popularity and market share of the trademark, etc.

Legal basis: "Trademark Law of the People's Republic of China" Article 56 The amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits gained by the infringer due to the infringement during the infringement period, or the infringed The losses suffered by a person due to the infringement during the period of infringement include reasonable expenses paid by the infringer to stop the infringement.

If the benefits gained 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.

If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.