1. How to calculate compensation for trademark infringement
1. Trademark The calculation method for infringement compensation is: Under normal circumstances, the amount of compensation can be determined in the order of actual losses, illegal gains, and multiples of the trademark license fee. However, if the right holder voluntarily proposes to choose one of the aforementioned calculation methods, the right holder’s choice shall prevail.
2. Legal basis:
"Trademark Law of the People's Republic of China" Article 63 Article 1, 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 for infringement of the exclusive right to use a trademark shall be determined based on the actual losses gained by the infringer due to 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 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.
2. How to calculate compensation for trademark infringement
Methods for calculating compensation for trademark infringement: Calculate the amount of compensation based on the actual losses suffered by the right holder due to the infringement. If the actual loss cannot be calculated, it shall be calculated with reference to the illegal income of the infringer. If the illegal income cannot be calculated, it shall be calculated with reference to a multiple of the trademark license fee.
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