1. How to withdraw the trademark infringement case after compensation has been paid
You can sign it yourself understanding agreement, or successful mediation through the court, and then the reporter 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 registered trademark infringement case, if the complainant voluntarily applies to the industrial and commercial administration to withdraw the case, as long as the administrative agency has not yet made a decision on administrative penalty, it may not order the infringer to compensate the infringed party. Determination of financial compensation. If the infringer's behavior disrupts the normal order of trademark management, then he should be held legally responsible according to the specific circumstances.
Article 148 of the Civil Procedure Law
Before the verdict, the plaintiff If an application is made to withdraw a lawsuit, the People's Court shall decide whether to grant it or not.
2. How to compensate for trademark infringement
(1) The amount of compensation for infringement of trademark exclusive rights shall be determined based on the actual losses suffered by the right holder due to the infringement;
(2) If the actual loss is difficult to determine, it can be determined according to the benefits obtained by the infringer due to the infringement;
(3) The loss of the right holder or If the benefits obtained by the infringer are difficult to determine, they shall be reasonably determined by referring to the multiple of the trademark license fee;
(4) For malicious infringement of the exclusive right to use a trademark, the circumstances are serious , the amount of compensation can be determined at more than one time and 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 right owner to stop the infringement.
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 registered trademark license fee, the People's Court shall decide based on Depending on the circumstances of the infringement, a compensation of less than five million yuan may be awarded.
We can understand that trademark infringement can be resolved through litigation. The court will go through mediation. If understanding is obtained, the reporter can withdraw the case. Hope everyone can understand.
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