What does the Trademark Law say about 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, 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.

1) Determination of the amount of compensation.

The Trademark Law stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer as a result of the infringement during the infringement period, or the losses suffered by the infringed party as a result of the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. Such a provision is necessary in terms of accountability, improves the degree of protection, and is conducive to the protection of the exclusive right to use trademarks.

2) Regarding statutory compensation.

The Trademark Law stipulates that if it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed party, the people's court shall make a judgment to award compensation of less than 500,000 yuan according to the circumstances of the infringement. There are various reasons why it is difficult to determine the amount of compensation for infringement, and when the specific amount cannot be determined in accordance with the law, it is conducive to the protection of the exclusive right to use a trademark by the court to determine the amount of statutory compensation. As for the opinion that this amount is large or small, it is only an inference when the specific amount cannot be determined.

3) If the seller does not know that the goods infringe the exclusive right to use a registered trademark, and can prove that the goods were legally obtained by himself and explain the supplier, he shall not be liable for compensation. This is a provision related to the infringement of Article 52.1.2 of the Trademark Law.

The amount of compensation 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.

1. What are the provisions of the Trademark Law on compensation for infringement?

The Trademark Law stipulates that the specific amount of compensation is determined according to the actual losses of the other party. 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 loss is difficult to determine, the macro loss 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 five times the amount determined in accordance with the above-mentioned 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 3 million according to the circumstances of the infringement.

2. What are the four elements of trademark infringement?

1. There must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks.

2. There must be a fact of damage, that is, the act of selling counterfeit trademark goods carried out by the actor has caused damage to the trademark owner. The sale of goods counterfeiting the registered trademarks of others will cause serious property losses to the right holders, and at the same time, it will also cause goodwill damage to the entities that enjoy the registered trademark rights. Both property loss and goodwill damage are facts.

3. The offender is subjectively at fault, that is, the perpetrator has known or should have known the fact that the goods sold are counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage result, that is, there is a causal relationship between the sales behavior of the wrongdoer and the damage caused to the trademark owner.

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 in accordance with the actual losses suffered by the right holder due to the infringement; where the actual losses are difficult to determine with a clear grasp, 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 benefits obtained by the infringer from demolition, it shall be reasonably determined with reference to the multiple of the trademark license fee.

The amount of compensation shall be determined according to the actual losses suffered by the right holder due to the infringement; where it is difficult to determine the actual losses, they may be determined on the basis of 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.

The compensation method for trademark infringement stipulated in the law: the compensation obligor shall compensate according to the actual loss. If the actual loss cannot be calculated, it shall be calculated with reference to the infringer's unlawful gains, and if the unlawful gains cannot be calculated, it shall be reasonably calculated with reference to the multiple of the trademark license fee.

[Legal basis].Article 63 of the Trademark Law of the People's Republic of China.

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 five times the amount determined in accordance with the above-mentioned 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 the 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.

The amount of compensation shall be determined according to the actual losses suffered by the right holder due to the infringement; where it is difficult to determine the actual losses, they may be determined on the basis of 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.