The provisions of the People's Republic of China and the Civil Code on infringement of trademark rights are as follows:

1. Using the same registered trademark on the same product without the permission of the trademark registrant

2. Without the permission of the trademark registrant, it is easy to use a trademark that is similar to its registered trademark on the same kind of goods, or to use a trademark that is the same or similar to its registered trademark on similar goods. Causing confusion;

3. Selling goods that infringe the exclusive rights of registered trademarks;

4. Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks.

5. Without the consent of the trademark registrant, change the registered trademark and put the goods with the changed trademark into the market;

6. Intentionally infringe the exclusive rights of others’ trademarks Providing facilities for other people's behavior to help others commit acts of infringement of trademark rights; 7. Causing other damage to others' registered trademark rights.

Compensation for trademark infringement is as follows:

1. The calculation of the benefits obtained by the infringer due to infringement can be calculated based on the sales volume of the infringing product and the unit profit of the product. If the unit profit cannot be ascertained, it shall be calculated based on the unit profit of the registered trademark goods;

2. The profit gained by the infringer due to infringement during the infringement period generally refers to the sales revenue minus costs and taxes payable. The calculation of sales income only involves the actual income of the infringer, that is, the income from the goods sold does not include the goods in stock;

3. Main operating profit refers to all the income obtained from sales, after deducting costs. , total profit refers to pre-tax income, income tax should be refunded as part of the sales compensation, other expenses should be deducted, product sales tax is not refundable, net profit refers to profit, not only costs should be deducted, but other expenses should also be deducted to infringe The net profit obtained by the person during the infringement period shall be regarded as the amount of compensation.

To sum up, when it comes to compensation for profits obtained from infringement, it is more reasonable to choose the main business profits as the amount of infringement compensation. There is no need to pay income tax not generated by one's own business to protect the infringed party. benefits and can also help deter infringements.

Legal basis:

Article 57 of the Trademark Law of the People's Republic of China

Anyone who commits any of the following acts shall be considered an infringement Exclusive right to register a trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant; The registrant’s permission is to use a trademark that is similar to its registered trademark on the same kind of goods, or to use a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Sales infringement Products with exclusive rights to registered trademarks;

(4) Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Counterfeiting or manufacturing registered trademarks without authorization; The trademark registrant agrees to replace its registered trademark and put the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks Behavior;

(7) Causing other damage to others’ exclusive rights to use registered trademarks.