What are the calculation methods for trademark infringement compensation
"Trademark Law" stipulates: "Compensation for infringement of exclusive rights to trademarks" The amount shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. The infringer mentioned in the preceding paragraph If it is difficult to determine the benefits gained from infringement or the losses suffered by the infringed party due to infringement, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement." According to this provision, we can see that trademark infringement There are three ways to calculate compensation:
1. Infringer Benefits obtained from infringement;
2. Infringement Losses suffered by people due to infringement;
3. Statutory damages.
To determine trademark infringement, it is necessary toGrasp the following points:
1. Follow the protection registration Principles of Trademarks: The exclusive right to use a trademark is generated through registration, during which it has gone through legal procedures and strict review. Therefore, after the exclusive right to use a trademark is established, it should be protected within the scope of the law. Even a trademark that is considered improperly registered will not be revoked. It should be the same before. After the validity period of a registered trademark expires, during the 6-month extension period stipulated by law, if the original registered trademark owner has not filed an application for renewal, or the renewal application is rejected, others will use the same or similar trademark during this period. Trademark does not constitute trademark infringement; if the owner of the original registered trademark applies for renewal and is approved, and others use the same or similar trademark to the trademark during this period, it will constitute trademark infringement.
2. Determining similar trademarks requires specific circumstances. The analysis mainly compares the sound, shape and meaning of the trademark, combined with factors such as composition, color and overall structure, and adopts the method of combining isolated observation, overall observation and key part observation to make a comprehensive judgment. In the determination, the basic conditions should be considered as being likely to cause consumers to misunderstand the source of the goods, but the necessary conditions should not be considered as causing actual misunderstandings.
3. To judge similar products, the premise is that the products are relationship between goods and trademarks. Goods that have the same functions and uses, and share common consumption targets and sales channels are generally considered similar. However, the raw materials and production companies of the goods can clearly indicate the source of the goods and will not cause confusion among consumers. , should not be regarded as similar goods.
The above is what the editor of Hualu compiled for you Regarding knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.
