How to claim for online trademark infringement
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 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 according to the infringer's actual losses. The benefits obtained due to infringement shall be determined; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, 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 between one time and three 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 provides account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
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 the infringement. Due to the circumstances of the conduct, the court ordered a compensation of less than three million yuan.
The Trademark Law has clear provisions on compensation for trademark infringement and the calculation method of the compensation amount.
Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Without trademark registration Use a trademark that is similar to the registered trademark on the same goods, or use a trademark that is the same or similar to the registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forgery or unauthorized production of other people’s registered trademarksMarking or selling counterfeit or unauthorized registered trademarks;
(5) Changing the registered trademark without the consent of the trademark registrant and selling the goods with the replaced trademark and put it into the market;
(6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
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