How to determine the amount of compensation for trademark infringement
First, according to the fact that the infringed party was to determine the losses suffered due to infringement. When an infringer sells infringing goods on the market, the sales volume of the trademark owner's goods decreases, and the total reduction in sales is multiplied by the profit of each item.
When judging the losses suffered by the infringed party, Plus the reasonable expenses paid by the infringer to stop the infringement.
Second, according to the infringement period due to The benefits obtained from the infringement shall be determined. The profit earned by the infringer from each infringing product during the infringement period is multiplied by the amount of the product sold on the market. When judging the benefits gained by the infringer, the reasonable expenses paid by the infringer to stop the infringement should be added.
Third, provide legal amounts of compensation. For some cases of trademark infringement, it is difficult to obtain sufficient evidence to determine the benefits gained by the infringer due to the infringement or the losses suffered by the infringed party due to the infringement.
When determining the amount of compensation for infringement of the exclusive right to use a trademark, it 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 actual losses suffered by the infringer due to the infringement. The benefits obtained are 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 referring to the multiple of the trademark license fee.
The trademark right has been infringed and requires the other party to compensate an undetermined amount , you can come to Legal Savior Network for legal consultation.