How to calculate the amount of compensation for trademark infringement

In reality, if trademark infringement occurs, then the trademark owner can request the infringer to make corresponding compensation, but how to compensate for trademark infringement? The criteria for determining the amount of compensation are as follows: (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 right holder due to the infringement, including the reasonable expenses paid by the infringed party to stop the infringement.

2) where the actual losses are difficult to determine, they may be determined in accordance with the benefits obtained by the infringer as a result of the infringement; (3) if it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined with reference to the multiple of the trademark license fee; (4) In the case of malicious infringement of the exclusive right to use a trademark, where the circumstances are serious, the amount of compensation may be determined between one and three times the amount determined in accordance with the above method. Where it is difficult to determine the benefits obtained by the infringer as a result of the infringement, or the losses suffered by the infringed party as a result of the infringement, and the parties reach an agreement on the amount of compensation, the people's court shall permit it. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer as a result of the infringement, and the license fee for the registered trademark, the people's court shall make a judgment to give compensation of not more than RMB 3 million according to the circumstances of the infringement.

Legal basis: 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 according to the actual losses suffered by the right holder due to the infringement; where the actual losses are difficult to determine, they may be determined in accordance with the benefits obtained by the infringer as a result of 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 with reference to the multiple of the trademark license fee. Where the circumstances are serious, the amount of compensation may be determined between one and three times the amount determined in accordance with the above methods.

Legal analysis: 1. For trademark infringement, the compensation shall be calculated according to the actual loss suffered by the right holder due to the infringement; 2. Where the actual loss is difficult to determine, the amount of compensation may be calculated according to the benefits obtained by the infringer as a result of 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 with reference to the multiple of the trademark license fee. 3. For malicious infringement of the exclusive right to use a trademark, where the circumstances are serious, the amount of compensation may be determined between one and five times the amount determined in accordance with the above methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringement.

4. 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 license fee of the registered trademark, the people's court shall make a judgment to give compensation of less than 5 million yuan according to the circumstances of the infringement.

Legal basis: Trademark Law of the People's Republic of China Article 63 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 right holder due to the infringement; where the actual losses are difficult to determine, they may be determined in accordance with the benefits obtained by the infringer as a result of 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 with reference to the multiple of the trademark license fee. In the case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined between one and five times the amount determined in accordance with the above methods.

The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide account books and materials related to the infringement if the right holder has tried its best to provide evidence, and the account books and materials related to the infringement are mainly in the possession of the infringer; Where the infringer does not provide or provides false account books or materials, the people's court may determine the amount of compensation by referring 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 as a result of the infringement, and the license fee for the registered trademark, the people's court shall make a judgment to give compensation of not more than RMB 5 million according to the circumstances of the infringement.

The people's court hearing a trademark dispute case shall, at the request of the right holder, order the destruction of the goods that are counterfeit registered trademarks, except in special circumstances; The materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; or under special circumstances, order that the aforementioned materials and tools be prohibited from entering commercial channels without compensation. Goods with counterfeit registered trademarks may not enter the commercial channel after only removing the counterfeit registered trademark.

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 right holder due to the infringement; where the actual losses are difficult to determine, they may be determined in accordance with the benefits obtained by the infringer as a result of 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 with reference to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, where the circumstances are serious, the amount of compensation shall be determined by the searcher at a rate of between one and three times the amount determined in accordance with the above methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringement.