How much is the general compensation for trademark infringement?

The amount of compensation should include the reasonable expenses incurred by the right owner to stop the infringement. When it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringing party due to the infringement, and the registered trademark license fee, the People's Court shall make a judgment based on the specific circumstances of the infringement and impose an award of not more than 300,000 yuan. Ten thousand yuan in compensation. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. General compensation for trademark infringement

For trademark infringement, usually the amount of compensation to be borne when reaching a private settlement is calculated as follows:

1. The actual losses suffered by the right holder due to the infringement of its trademark, as Standard for measuring the amount of compensation;

2. When the actual loss is indeed difficult to accurately assess , the income obtained by the infringing party from infringing the trademark rights of others can be used as a reference standard;

3. When the loss of the right holder or the income of the infringing party cannot be accurately measured, the amount of compensation can be reasonably determined by referring to an appropriate multiple of the trademark license fee;

4. For those who maliciously infringe the exclusive rights of trademarks and the circumstances are relatively serious, the amount of compensation can be doubled based on the amount calculated according to the above method. Three times to be sure.

Amount of compensationIt should include the reasonable costs paid by the right owner to stop the infringement.

If the actual losses suffered by the right owner due to the infringement, the infringing party's losses due to the infringement, If factors such as the benefits obtained and the registered trademark license fee are difficult to determine, the people's court will make a judgment based on the specific circumstances of the infringement and award a compensation of no more than three million yuan.

Article 63 of the Trademark Law

The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined based on the benefits obtained by the infringer due to the infringement; If the loss 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. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court has tried its best to provide evidence, but with the infringement If the account books and information related to the infringement are mainly in the possession of the infringer, the infringer may be ordered to provide the account books and information related to the infringement; if the infringer fails to provide or provides false account books and information, the people's court may refer to the rights holder's claims. and the evidence provided to determine the amount of compensation.

The actual losses suffered by the right holder due to the infringement, and the gains gained by the infringer due to the infringement If it is difficult to determine the interests and registered trademark license fees, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement.

The People's Court hears trademark dispute cases and, at the request of the right holder, orders the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; for goods mainly used for Materials and tools used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials and tools shall be prohibited from entering commercial channels without compensation.

Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.

2. What to do if a self-employed business owner is sued for trademark infringement Do

In view of what individual industrial and commercial households should do when encountering trademark infringement lawsuits Regarding the response strategy adopted, I believe that we should actively defend ourselves in court and fully cooperate with relevant investigations to determine whether our actions constitute illegal trademark infringement.

1. If it does constitute trademark infringement, you should strictly abide by laws and regulations and the court's trial results, and earnestly fulfill your legal responsibilities.

2. When being accused of trademark infringement, the first thing to do is to collect as much information as possible that you have not implemented Various types of evidence such as physical evidence, documentary evidence, witness testimony, etc. of trademark infringement can be used to make a strong defense in court to prove that one has not infringed upon the legitimate rights and interests of others.

3. If it is verified that there is indeed an infringement, then you should have the courage to admit your mistake and take the initiative to stop the infringement, eliminate the adverse effects, compensate for losses, etc. civilresponsibility.