1. How to claim compensation for trademark infringement
1. Claim compensation for trademark infringement Method: The right holder can provide relevant evidence and request the infringer to compensate the infringer according to the actual losses suffered due to the infringement. If the actual loss cannot be calculated, compensation shall be made with reference to the illegal gains of the infringer. If the illegal gains cannot be calculated, reasonable compensation shall be made with reference to a multiple of the trademark license fee.
2. 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 based on the amount of the right holder's compensation for the infringement. The actual losses suffered are determined; if the actual losses are difficult to determine, they can be determined based on the benefits obtained by the infringer due to the infringement; if the losses to the right holder or the benefits obtained by the infringer are difficult to determine, they can be determined reasonably by referring to a 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 may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
2. Mediation on the amount of compensation for infringement of trademark exclusive rights
The industrial and commercial administrative department that handles the matter shall handle the matter according to the parties’ circumstances. Upon request, the parties can mediate on the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties concerned may file a lawsuit in the People's Court in accordance with the law.
Usually, goods that infringe the exclusive rights of registered trademarks, in addition to being sold by the producers themselves, often have to go through the sales activities of others to reach consumers. Sellers like this, like producers of goods that infringe the exclusive rights of registered trademarks, play the role of confusing the origin of goods, infringing the exclusive rights of registered trademarks, and harming the interests of consumers. Therefore, this kind of sales should also be considered as an infringement of the exclusive rights of registered trademarks, and should also be treated as trademark infringements, and they should bear corresponding legal liabilities. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
