Legal subjectivity:

The amount of compensation for trademark infringement is clearly stipulated in the implemented new Trademark Law. Article 63 of the Trademark Law stipulates: 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; if the actual losses are difficult to determine, they may 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 benefit obtained by the infringer, it shall be reasonably determined by reference 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 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. 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. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained 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. Article 56 of my country’s Trademark Law stipulates: 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 losses suffered by the infringed party due to the infringement during the infringement period, including The reasonable expenses paid by the infringer 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. This provision seems to be relatively complete on the amount of compensation for trademark infringement, but there are problems in actual operation. What are the most specific benefits obtained from non-infringement, what are the losses suffered by the infringed party, and how to determine the specific amount. Legal objectivity:

Damages for trademark infringement 1. Criteria 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) The actual If the loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; (3) If the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to the multiple of the trademark license fee; (4) For malicious intent, If the exclusive right to use a trademark is infringed 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. 2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained 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 five million yuan based on the circumstances of the infringement. Article 63 of the "Trademark Law of the People's Republic of China" stipulates 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; if the actual losses are difficult to determine, the amount of compensation may be based on the actual losses suffered by the infringer due to the infringement. The benefits obtained are determined; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by reference 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. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained 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 five million yuan based on the circumstances of the infringement.

When hearing trademark dispute cases, the People's Court shall, at the request of the obligee, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; and order the destruction of materials and tools mainly used to manufacture goods with counterfeit registered trademarks without compensation. ; Or under special circumstances, be ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation. Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.