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Trademark infringement has always been a difficult issue, and trademark protection is a hurdle that "century-old stores" must overcome. 1. What is the standard of compensation for trademark infringement? 1. Standards for determining the amount of compensation (1) The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; (2) If the actual losses are difficult to determine, the amount of compensation may be determined. Determine based on the benefits obtained by the infringer due to the infringement; (3) If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be determined reasonably by referring to a multiple of the trademark license fee; (4) For malicious infringement of the exclusive right to use a trademark, the circumstances In serious cases, the amount of compensation may be determined between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. 2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement. 2. What are the constituent elements of trademark infringement (1) Trademark infringement is illegal. my country's Trademark Law has made the above provisions on trademark infringement. Only actions that violate the above provisions constitute trademark infringement. It can be seen that illegality is one of the constituent elements of trademark infringement. (2) There is fact of damage due to trademark infringement. Article 57 of the Trademark Law stipulates: “The trademark registrant or interested party has evidence that others are committing or are about to commit acts that infringe upon the exclusive right to use a registered trademark. If not stopped immediately, their legitimate rights and interests will be irreparably damaged. If any damage is caused, you may apply to the People's Court to take measures to order the cessation of relevant behavior and property preservation before filing a lawsuit." The above provisions illustrate that the trademark owner has the right to prohibit immediate infringement without waiting for the occurrence of damage. Therefore, the fact of damage is no longer a necessary component of all trademark infringements. (3) Trademark infringement has a causal relationship. Since the fact of damage is no longer a necessary component of trademark infringement, for immediate infringement of trademark rights, causation is no longer a necessary component of trademark infringement. Only trademark infringement that causes damage can The causal relationship between the infringing behavior and the fact of damage should be considered. The determination of causation is meaningful only when it is necessary to determine the extent of the liability borne by the infringer. (4) There is fault in the trademark infringement. Paragraph 2 of Article 52 of the new Trademark Law has changed the paragraph 2 of Article 38 of the old Trademark Law, “Selling goods that are knowingly counterfeiting registered trademarks” to “Selling goods that infringe the exclusive right to use registered trademarks” commodity”. The word "knowingly" has been deleted, indicating that the new Trademark Law no longer restricts the subjective state of the infringer. In addition, Article 56, Paragraph 3 of the New Trademark Law stipulates: "Selling goods that are not known to infringe the exclusive rights of registered trademarks" "If you can prove that you obtained the goods legally and indicate the supplier, you will not be liable for compensation." This article further explains that even if the perpetrator is not at fault, it still constitutes trademark infringement, but he will not be liable for compensation, but he will still have to bear other liabilities. corresponding civil liability. 3. How to determine trademark infringement Trademark rights refer to the right to use the trademark that the trademark owner enjoys according to law. my country’s Trademark Law adopts the principle of first registration. Article 3 of the Trademark Law stipulates: “Trademarks approved and registered by the Trademark Office It is a registered trademark, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law." Therefore, the protection of trademark rights in my country is for registered trademarks. Although a trademark that has not been registered but has been used and has a certain influence has the right to defend against preemptive registration by others through unfair means according to Article 31 of the Trademark Law, it does not enjoy the legal protection provided by the Trademark Law against infringement of the exclusive right to use the trademark. Based on this, it can be believed that the protection of trademark rights refers to the legal protection provided by the Trademark Law to registered trademarks, and the scope of protection of trademark rights also refers to the scope of the exclusive rights of registered trademarks protected by law. The trademark infringement involved in this article refers to the infringement of the exclusive right to register a trademark. Trademark infringement refers to the behavior that infringes on the exclusive rights of others to register trademarks.

According to Article 52 of my country’s Trademark Law, the Implementing Regulations of the Trademark Law and relevant judicial interpretations issued by the Supreme People’s Court, the following acts are infringements of the exclusive rights of registered trademarks: 1. Without the permission of the trademark registrant, the same or similar goods are Using a trademark that is the same or similar to its registered trademark; 2. Selling goods that infringe the exclusive rights of a registered trademark; 3. Forging or making without authorization registered trademark signs of others or selling counterfeit or making without authorization registered trademark signs; 4. Not using the trademark registrant's Agree, change its registered trademark and put the goods with the changed trademark into the market; 5. Cause other damage to others' exclusive rights to registered trademarks. The above is the entire content of this article. I hope it can be helpful to everyone and answer your questions. They are online 24 hours a day and can answer your legal questions at any time. Legal objectivity:

Article 63 of the Trademark Law of the People's Republic of China states that the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; actual losses are difficult to If it is determined, it can be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it can be determined reasonably by referring to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. 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 if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.