What is the standard of compensation for trademark infringement?

A trademark is a sign that distinguishes one product from another. A company's trademark needs to be respected. If others infringe on other people's trademarks for their own illegal interests, they need to bear corresponding infringement liability. So, what is the compensation standard for trademark infringement? Below, the editor of Legal Savior Network will introduce the specific content to you in detail.

1. Criteria for determining the Amount of compensation

(1) The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the right holder’s The actual loss suffered by the infringement shall be determined;

(2) If the actual loss is difficult to determine, it can be determined according to the benefits obtained by the infringer due to the infringement;

(3) If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by referring to the multiple of the trademark license fee;

(4) For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined between one time and three 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.

2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall According to the circumstances of the infringement, a compensation of less than three million yuan will be awarded.

Legal liability for trademark infringement

1. Civil liability

(1) Stop the infringement and eliminate the impact;

(2) Compensate for losses.

2. Administrative liability

(1) Stop infringement, including ordering to stop sales immediately; confiscation, Destroy infringing goods; confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks;

(2) Fines.

3. CriminalResponsibility

If the following circumstances constitute a crime, in addition to compensating the losses of the infringed person, criminal liability will be pursued in accordance with the law:

(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Counterfeiting or making unauthorized products for others Registered trademark signs or selling counterfeit or unauthorized registered trademark signs;

(3) Selling goods that are knowingly counterfeit registered trademarks.

Legal basis: Article 63 of the Trademark Law

Compensation for infringement of the exclusive right to use a trademark The amount shall be determined based on the actual loss suffered by the right holder due to the infringement; if the actual loss is difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the losses incurred by the right holder or the benefits obtained by the infringer, refer to the trademark The multiple of the license fee is reasonably determined. For those who maliciously infringe upon the exclusive right to use a trademark and the circumstances are serious, the amount of compensation may be determined to be between one time and three 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 may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided. If it is difficult to determine 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, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement.

If you have other questions, you can consult the lawyers at our Legal Savior Network.