What is the issue of compensation for infringement of trademark exclusive rights
On the issue of compensation for infringement of the exclusive right to use a trademark, Paragraph 1 of Article 56 of the Trademark Law stipulates: "Compensation for infringement of the exclusive right to use a trademark 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."
Article 64, paragraph 1, of the Trademark Law stipulates: "The owner of the exclusive right to a registered trademark requests compensation, and the accused infringer claims that the exclusive right to use the registered trademark has not If a registered trademark is used as a defense, the people's court may require the registered trademark owner to provide evidence of actual use of the registered trademark within the previous three years. The registered trademark owner cannot prove that the registered trademark has been actually used within the previous three years, nor can it prove that the registered trademark has been used infringement. If the alleged infringer suffers other losses due to his conduct, the alleged infringer shall not be liable for compensation." One of the legislative purposes of this provision is to actively guide the correct registration and use of trademarks.
The exclusive right to use a trademark is a civil right, and trademark infringement A very important item of civil liability is economic compensation. There is no provision in trademark regulations that stipulates that if a trademark infringer has not made any profit during the infringement period, he does not need to pay financial compensation. Therefore, although the trademark infringer made no profit during the infringement period, as long as the trademark owner suffers losses due to the infringement, he should receive financial compensation, including the right owner’s reasonable expenses for exercising his rights, such as adjustments to the infringement behavior entrusted by the right owner, Evidence collection fees, and notarization fees from the notary office, etc.
Trademark represents the image of the enterprise and is an intangible asset of the enterprise. The exclusiveness and exclusivity of the registered trademark determines that others are not allowed to infringe anddamage and confusion. Therefore, although the infringer has not made any profit, he cannot be exempted from liability for compensation. The Thirteenth Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Civil Trademark Dispute Cases stipulates: "When the people's court determines the infringer's liability for compensation in accordance with the provisions of Paragraph 1 of 56 of the Trademark Law, it may choose according to the rights holder's choice. calculation method to calculate the amount of compensation." Article 18 also clarifies: The statute of limitations for infringement of the exclusive right to use a registered trademark is 2 years, starting from the date when the trademark registrant or interested owner knows or should know about the infringement.
I hope that through the above content you can have a deeper understanding of the issues related to infringement of trademark rights without profit. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
