There is no upper limit to the maximum compensation standard for trademark infringement. Article 56 of the Trademark Law stipulates: "The amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits obtained by the infringer during the period of infringement or the losses suffered by the infringed person during the period of infringement, including the reasonable expenses paid by the infringed person to stop the infringement. If it is difficult to determine the interests of the infringer as mentioned in the preceding paragraph or the losses suffered by the infringer as a result of infringement, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement. " According to the provisions of this article, we can see that there are three ways to calculate trademark infringement compensation:
1. The benefits obtained by the infringer due to infringement;
2. The losses suffered by the infringed party due to infringement;
3. Legal compensation.
Manifestations of trademark infringement:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant may cause confusion;
(2) selling goods that infringe the registered trademark right;
(3) forging, making without authorization a trademark logo identical or similar to the registered trademark logo of others, or selling a forged or made without authorization logo identical or similar to the registered trademark logo of others;
(4) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;
(5) misleading the public by using marks identical with or similar to other people's registered trademarks as commodity names or commodity decorations on the same or similar commodities;
(6) Deliberately providing convenient conditions such as storage, transportation, mailing, concealment, processing, production tools, production technology or business premises for infringement of trademark rights of others;
(7) using words identical with or similar to other people's registered trademarks on the same or similar goods as the name of the enterprise, or using them in other ways to highlight their identification function, which is likely to mislead the relevant public;
(8) Copying, imitating or translating a well-known trademark registered by another person or its main part for use as a trademark on different or dissimilar goods, misleading the public, and possibly damaging the interests of the registrant of the well-known trademark;
(9) registering words that are the same as or similar to other people's registered trademarks as domain names, and conducting e-commerce of related commodities or commodity transactions through this domain name, which is likely to mislead the relevant public.
(1) causing other damage to the exclusive right to use a registered trademark of others.
Legal basis:
The amount of compensation for infringement of the exclusive right to use a trademark in Article 63 of the Trademark Law 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 benefit 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 at least one time but not more than five times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.