Legal analysis: The calculation method of trademark infringement damages is as follows: Determine the infringement damages according to the calculation method stipulated in the Trademark Law. Article 39 of the Trademark Law stipulates: "Compensation for the losses of the infringed shall be the profits gained by the infringer or the losses suffered by the infringed during the infringement." The Supreme People's Court's "Reply on How to Calculate the Amount and Time Limit of Damages for Infringement of the Exclusive Right to Use a Trademark" (hereinafter referred to as "Reply") stipulates: "In a case of infringement of a trademark right, the infringed may request compensation according to the actual amount of losses suffered by him, or may request that the profits (including all profits except costs and taxes) obtained by the infringer during the infringement period be taken as compensation.
Legal basis: Article 39 of the Trademark Law of People's Republic of China (PRC) compensates the infringer for losses, and the amount of compensation is the profits gained by the infringer or the losses suffered by the infringer during the infringement.