1. Whether the complaint in trademark infringement case can be withdrawn
You can sign an understanding on your own Agreement, or successful mediation through the court, and then the reporting party takes the initiative to apply to withdraw the case. For general trademark infringement, from a legal perspective, it is a civil legal relationship. Therefore, for a trademark infringement case that has already been filed, if the complainant voluntarily applies to the industrial and commercial administration authority to withdraw the lawsuit, as long as the administrative authority has not made a decision on administrative penalty, it may not order the infringer to compensate the infringed party. of financial compensation. If the infringer’s behavior disrupts the normal order of trademark management, he should be held legally responsible according to the specific circumstances.
Article 2 of the Civil Procedure Law Article 148
If the plaintiff applies to withdraw the lawsuit before the judgment is pronounced, the people's court will decide whether to grant it or not.
2. Compensation for trademark infringement
1. Criteria for determining the amount of compensation
(1) The amount of compensation for infringement of trademark exclusive rights shall be determined according to the right The actual loss suffered by the person due to the infringement is determined;
(2) If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement,
(3) If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the trademark license fee;
(4) For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method.
The amount of compensation shall include the reasonable expenses paid by the right owner to stop the infringement.
2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the people's The court awarded a compensation of less than three million yuan based on the circumstances of the infringement.
The Supreme People's Court's Interpretation on Several Issues concerning the Application of Law in the Trial of Civil Trademark Dispute Cases stipulates:
"The benefits obtained from infringement under the Trademark Law can be calculated based on the sales volume of the infringing product and the unit profit of the product; if the unit profit of the product cannot be ascertained, it shall be calculated based on the unit profit of the registered trademark product.
We can understand that you can sign an understanding agreement on your own for trademark infringement cases. There are relevant legal provisions. If there is an infringement, you can protect your own rights and interests through legal means. The above These editors have compiled relevant content for you.
