1. What is the standard of compensation for trademark infringement?
Trademark infringement The standard of compensation is not statutory.
Legal basis: Article 63 of the Trademark Law of the People's Republic of China. The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the actual damages suffered by the right holder due to the infringement. The loss is determined; if the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a 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 may, if the right holder has tried its best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. 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.
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 decide based on Depending on the circumstances of the infringement, a compensation of less than five million yuan may be awarded.
When hearing trademark dispute cases, the People's Court shall, at the request of the rights holder, order the destruction of goods belonging to counterfeit registered trademarks, except under special circumstances; goods mainly used for manufacturing Materials and tools used to counterfeit goods with registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials and tools may be ordered to be prohibited from entering commercial channels without compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
2. What are the manifestations of trademark infringement?
Legal basis: Article 57 of the Trademark Law of the People's Republic of China. Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forgery or unauthorized production registered by others Trademark logo or sell counterfeit or unauthorized registered trademark logo;
(5) Without the consent of the trademark registrant, replace its registered trademark and replace the replaced trademark The goods are put into the market;
(6) Deliberately providing facilities for infringement of other people's exclusive trademark rights and helping others to carry out infringement of trademark exclusive rights;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
In a trademark infringement case, if it is difficult to determine the actual losses caused to the infringed party, the benefits obtained by the infringer, or the registered trademark license fee, It is up to the people's court to determine the compensation standard based on the circumstances of trademark infringement. The compensation standard determined by the court generally does not exceed 5 million. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.