Legal subjectivity:

Article 56 of the "Trademark Law" stipulates: "The amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer due to the infringement during the infringement period. Or the losses suffered by the infringed party due to the infringement during the period of infringement, including the reasonable expenses paid by the infringed party to stop the infringement, or the losses suffered by the infringed party due to the infringement mentioned in the preceding paragraph. If it is difficult to determine, the People’s Court shall award a compensation of less than 500,000 yuan based on the circumstances of the infringement.” According to this provision, we can see that there are three ways to calculate compensation for trademark infringement: 1. The benefits obtained by the infringer due to the infringement. ; 2. The losses suffered by the infringed party due to the infringement; 3. Statutory compensation. Article 13 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: "When the people's court determines the infringer's liability for compensation in accordance with the provisions of Article 56, paragraph 1, of the Trademark Law, it may The amount of compensation is calculated according to the calculation method chosen by the person. This means that the infringed party can choose whether to apply the first calculation method or the second calculation method. If neither method can be calculated, the court will directly apply the third method. Way. Legal objectivity:

Standards for the amount of compensation for trademark infringement Article 63 of my country’s Trademark Law stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer due to the infringement during the infringement period, or the infringed party The losses suffered due to infringement during the period of infringement include reasonable expenses paid by the infringed party to stop the infringement. If the benefits obtained 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. According to Article 118 of the General Principles of the Civil Law, if a trademark right is infringed upon, the party has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation is the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If it is difficult to determine the first two, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement. If a trademark registrant or interested party has evidence to prove that others are committing or are about to commit acts that infringe upon the exclusive right to use a registered trademark, and if not stopped in time, their legitimate rights and interests will be irreparably damaged, they may file a lawsuit with the People's Court before filing a lawsuit. Apply for measures to order the cessation of relevant behavior and property preservation. Trademark infringement refers to the use of a trademark that is identical or similar to its registered trademark on the same or similar goods without the trademark owner's permission, or other behaviors that interfere with or hinder the trademark owner's use of its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility. According to the provisions of the Trademark Law. Disputes arising from infringement of trademark rights shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court, or request the industrial and commercial administration or some intellectual property management departments to handle the matter. For trademark infringement, the infringed party can request handling from the industrial and commercial administration department at or above the county level, and the industrial and commercial administration department has the right to take the following handling measures: (1) order an immediate stop to sales; (2) invite and destroy the infringing trademark logo; (3) Eliminate infringing trademarks on existing goods; (4) Seize molds, printing plates or other criminal tools that are directly used for trademark infringement; (5) If the first four measures are not enough to stop the infringement, or the infringing rights are If it is difficult to separate the behavior from the goods, order and supervise the destruction of the infringing goods; (6) Depending on the circumstances, a fine of not more than five times the profits gained from the infringement shall be imposed.