The exclusive right to use a trademark includes two aspects: the right to use and the right to prohibit. The right to use is the right of a trademark registrant to completely control and use its registered trademark, and the obligee also has the right to transfer the right to use the trademark to others or license others to use its registered trademark through a contract. The prohibition right is the right of a trademark registrant to prohibit others from using a registered trademark without their permission.

The exclusive right to use a trademark refers to the specific rights enjoyed by the trademark owner to a registered trademark. Different from other intellectual property rights, the content of trademark exclusive right only includes property rights, and the personal rights of trademark designers are protected by copyright law.

How to calculate the compensation standard of trademark infringement?

1, the standard for determining the compensation amount

(1) The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to the infringement;

(2) if the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement;

(3) If it is difficult to determine the loss of the obligee or the benefit obtained by the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee;

(4) Malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, can be determined in accordance with the above method to determine the amount of compensation for more than one time and less than three times. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.

2. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the benefits obtained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 3 million yuan according to the circumstances of the infringement.