Legal provisions on compensation standards for trademark infringement

However, if the actual loss is difficult to accurately measure, it can be determined based on the profits obtained by the infringer from the Infringement; in addition, if neither the loss of the right holder nor the profits obtained by the infringer from the infringement can be accurately measured, It can be determined in a fair and reasonable manner with reference to a certain percentage of the trademark license fee. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Legal provisions on compensation standards for trademark infringement

In relevant laws and regulations, the measurement standard for the amount of damages for trademark infringement is clearly stipulated as: It is determined based on the actual economic losses suffered by the right holder due to the infringement; however, when the actual losses are difficult to accurately measure, the economic benefits obtained by the infringing party from the implementation of the infringement can be used as the measurement standard; when the loss of the right holder and the infringement If the income obtained by the infringing act cannot be accurately estimated, a reasonable estimate can be made by referring to several times the license fee of the registered trademark.

Article 63 of the "Trademark Law" 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 , can be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits 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.

In order to determine the amount of compensation, the people's court has tried its best to provide evidence, but with the infringement When the account books and information related to the behavior are mainly in the possession of the infringer, theTo order the infringer to provide 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.

The actual losses suffered by the right holder due to the infringement, and the gains gained by the infringer due to the infringement If it is difficult to determine the interests and registered trademark license fees, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement.

The People's Court hears trademark dispute cases and, at the request of the right holder, decides on counterfeit registered trademarks The goods, except under special circumstances, shall be ordered to be destroyed; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials and tools shall be ordered to be prohibited from entering commercial channels. No compensation will be given.

Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.

2. How much is the fine for trademark infringement by self-employed individuals

About individuals For industrial and commercial households involved in trademark infringement cases, we usually make different judgments and treatments based on the actual situation. For detailed regulations, please see the following: When an individual industrial and commercial household's illegal business volume due to trademark infringement reaches 50,000 yuan If the amount is RMB 10,000 or more, the relevant departments will have the right to impose a fine of less than five times the illegal business volume in accordance with the law; if the individual industrial and commercial household does not have substantial illegal business volume or its illegal business volume has not reached the level of 50,000 yuan, Then the corresponding punishment may be a fine of up to 250,000 yuan or less.

For those individual industrial and commercial households that have committed two or more trademark infringements in the past five years, or have other serious circumstances, we will take more stringent punitive measures, that is, severe penalties.