How to compensate for trademark infringement by selling small commodities

1. The amount of compensation for infringement of trademark exclusive rights should be assessed based on the direct economic losses suffered by the injured party due to the infringement; 2. If the actual losses cannot be accurately assessed, the profits obtained by the infringing party from the infringement can be used as compensation. Basis; 3. If the loss and profit of the victim or infringer still cannot be determined, a rough estimate can be made by referring to the appropriate proportion of similar trademark license fees. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content together.

1. How to compensate for trademark infringement by selling small commodities

As for the issue of compensation for trademark infringement in sales, the specific measurement standards are as follows: First, if the exclusive right to the trademark If an infringement occurs, the amount of compensation should be determined based on the actual economic losses suffered by the right holder.

If the actual loss cannot be accurately confirmed, you can also refer to the infringement party’s The profit obtained from the investment is calculated as an alternative standard.

If the loss or gain of the right holder or the infringer cannot be reliably estimated, you can refer to The amount of compensation shall be determined as an appropriate multiple of the trademark license fee.

Finally, if the infringement of trademark exclusive rights is of an egregious nature and the circumstances are extremely serious, The final amount of compensation can be determined within the range of one to five times the amount of compensation determined by the above three methods.

At the same time, the amount of compensation should also include reasonable costs to stop the infringement.

If the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement and the registered trademark license fee are all If it is difficult to determine, the people's court will make a judgment based on the specific circumstances of the infringement and award a compensation of less than five million yuan.

Article 52 of the Trademark Law

Using an unregistered trademark as a registered trademark, or using an unregistered trademark in violation of this law As stipulated in Article 10, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may issue a notice. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume, Or if the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

2. General compensation for trademark infringement

For trademark infringement, under normal circumstances, the amount of compensation payable when reaching a private settlement is calculated as follows:

1. The actual losses suffered by the right holder due to infringement of its trademark shall be used as the standard for measuring the amount of compensation;

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

3 .When neither the right holder's losses nor the infringing party's gains can 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 more serious, the amount of compensation can be doubled to three times based on the amount calculated according to the above method. Make sure.

The amount of compensation should include the reasonable costs incurred by the right 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.