Can compensation for trademark infringement in 2023 be determined by referring to the trademark usage fee?

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, the amount of compensation may be determined based on the benefits obtained by the infringer due to the infringement; the losses suffered by the right holder or the benefits obtained by the infringer are difficult to determine If it is determined, it shall be reasonably determined with reference to the multiple of the trademark license fee. Regarding the question of whether compensation for trademark infringement can be determined by referring to the trademark usage fee, the editor of Legal Savior Network will answer it in detail for you below.

1. Can compensation for trademark infringement be determined by referring to the trademark usage fee?

1. The amount of compensation for infringement of trademark exclusive rights shall be determined based on the actual losses suffered by the right holder due to the infringement;

2. If the actual loss is difficult to determine, it can be determined based on 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, refer to the multiple of the trademark license fee reasonably certain.

4. Legal basis: "Trademark Law of the People's Republic of China"

Article 63: The amount of compensation for infringement of the exclusive right to use a trademark 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; the right holder’s loss or If the benefits obtained by the infringer are difficult to determine, they shall be reasonably determined by reference 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.

2. How to determine trademark infringement

The main forms of trademark infringement include:

1. Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant;

2. Selling goods that infringe the exclusive rights of registered trademarks;

3. Counterfeiting or unauthorized production of registered trademarks of others or selling forged or Registered trademark logos manufactured without authorization;

4. Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put into the market again ;

5. Causing other damage to others’ exclusive rights to register trademarks.

6. Use a mark that is identical or similar to another person’s registered trademark as a product name or product decoration on the same product or similar products to mislead the public;

7. Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of registered trademarks of others.

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