First, stop the infringement.
1. In general, the specific liability methods of court decisions include:
(1) Stop infringing the plaintiff's exclusive right to use a registered trademark;
(2) If the prominent use of a registered trademark in an enterprise name constitutes infringement, and it is judged that the standardized use of the enterprise name is enough to stop the infringement, it can be judged that the prominent use of a registered trademark or the standardized use of the enterprise name is not allowed;
2. Exception: If the decision to stop the infringement will harm the interests of the public, or cause an imbalance in the major interests of both parties, or it is actually impossible to implement it, it is not necessary to stop the infringement and appropriately increase the amount of civil compensation.
Second, compensation for losses According to the provisions of the Trademark Law, the amount of compensation for infringement of the exclusive right to use a trademark is determined according to the actual losses suffered by the obligee due to infringement;
If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement;
If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
1, the loss of the obligee, the loss of the obligee, can be calculated according to the product of the sales of goods caused by the obligee's infringement or the sales of infringing goods and the unit profit of the registered trademark goods.
2. The profit of the infringer can be calculated according to the product of the sales volume of the infringing commodity and the unit profit of the commodity; If the unit profit of a commodity cannot be determined, it shall be calculated according to the unit profit of a registered trademark commodity.
3. The determination of the license fee for a registered trademark may be based on the license fee recorded in the trademark license contract filed and announced by the plaintiff.
4. Punitive compensation for malicious infringement of the exclusive right to use a trademark. If the circumstances are serious, the amount of compensation can be determined according to the calculation method of the loss or infringement profit of the obligee.
5. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the benefits gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court may, according to the circumstances of the infringement, apply statutory compensation and award compensation of less than 3 million yuan. When applying statutory compensation, the following factors should be considered:
(1) The nature, duration and consequences of the infringement;
(2) the reputation of the trademark;
(3) the amount of trademark license fee;
(4) The type, time and scope of trademark license;
(5) Reasonable expenses for stopping the infringement. After the people's court determines the legal compensation amount, if the parties reach a mediation agreement in accordance with the provisions of the legal compensation amount, it shall be allowed.
6. Reasonable expenses The reasonable expenses paid to stop the infringement include:
(1) notary fee;
(2) The expenses for investigation and evidence collection include the expenses for file inquiry and printing of written materials;
(3) Transportation, accommodation and catering. ;
(4) translation fees;
(5) Reasonable attorney fees.
7. The infringer who obstructs the proof shall be compensated by law. 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 obligee has done his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer.