Legal basis: The amount of compensation for infringement of the exclusive right to use a trademark in Article 63 of the Trademark Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee 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 obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 5 million yuan according to the circumstances of the infringement.
In handling trademark disputes, the people's court shall, except in special circumstances, order the destruction of goods with counterfeit registered trademarks at the request of the obligee; Materials and tools mainly used for manufacturing goods with counterfeit registered trademarks shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials and tools from entering the commercial channels free of charge.
Goods with counterfeit registered trademarks shall not enter commercial channels after only the counterfeit registered trademarks are removed.