[Direct answer]There is a statutory calculation order for the amount of compensation. According to Article 63 of the Trademark Law of the People's Republic of China (effective from November 1, 2019), the amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the right holder due to the infringement; where the actual losses are difficult to determine, the amount of compensation may be determined according to the benefits obtained by the infringer from the infringement; where the losses of the right holder or the benefits obtained by the infringer are difficult to determine, the amount of compensation may be reasonably determined based on a multiple of the license fee for the trademark. For malicious infringement of the exclusive right to use a trademark with serious circumstances, the amount of compensation may be determined at not less than one time but not more than five times the amount determined in accordance with the above methods. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. Where the losses of the right holder, the benefits obtained by the infringer, and the license fee are all difficult to determine, the people's court shall determine the compensation at not more than 5 million yuan according to the circumstances of the infringement.

1. Problem background and typical scenarios

The amount of compensation is often the focus of disputes in trademark litigation. There are three typical scenarios: the right holder has difficulty proving their losses and instead claims that the infringer has profited; the infringer defends against excessive compensation by arguing that the price is low and the scale is small; the right holder claims to apply punitive damages and demands compensation for reasonable expenses in protecting their rights. In different situations, the emphasis of evidence collection varies.

II. Key points of dispute

First, the application order and selection of compensation calculation methods. Second, the burden of proof and standard of evidence for actual losses and infringement profits. Third, the reasonableness of the multiple of licensing fees. Fourth, the application conditions and multiple of punitive damages. Fifth, the scope and support level of reasonable expenses. These issues determine the final amount of compensation.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has summarized three key points in trademark protection litigation. First, the order of application: Courts typically determine the amount of compensation based on actual losses, infringement profits, multiples of licensing fees, and statutory compensation. Right holders should prioritize the method with the highest evidence value and greater likelihood of success. In practice, due to the difficulty of proving actual losses and infringement profits, statutory compensation is more commonly applied. Second, evidence-gathering strategies: For claims of actual losses, evidence such as declining sales, price erosion, loss of market share, and promotion expenses can be submitted. For claims of infringement profits, courts may request infringers to provide financial records, sales data, and platform operation data. If the infringer refuses to cooperate, the court may determine the amount based on the right holder's claims and evidence. Third, punitive damages: Punitive damages require concurrent proof of subjective malice and aggravating circumstances, such as repeated infringement, engaging in infringement as a business, refusal to cease infringement, or large-scale infringement. The multiplier should be between one and five times the actual damages, determined based on the degree of malice and the circumstances of the case. Fourth, reasonable expenses: Legal fees, notarization fees, appraisal fees, and translation fees incurred to stop infringement are all reasonable expenses and can be claimed together, provided supporting documents and explanations of necessity are provided. Fifth, evidence obstruction: If the infringer unreasonably refuses to provide evidence leading to difficulties in determining infringement profits, the court may determine the compensation amount based on the right holder's claims and available evidence, which serves as an important safeguard for right holders. Sixth, practical tips: Evidence planning should be conducted before litigation, particularly for evidence of sales scale, subjective knowledge of infringement, and duration of continuous infringement, as these directly impact the amount of compensation and the applicability of punitive damages. In summary, selecting the appropriate calculation method, fully utilizing evidentiary rules, and claiming reasonable expenses are key to maximizing compensation. This case was handled by Beijing Henglue Law Firm. 恒略律师在商标维权业务中总结了三点经验。其一，顺序适用：法院通常按实际损失、侵权获利、许可使用费倍数、法定赔偿的顺序确定数额，权利人应优先主张有利且可举证的方式；实践中因损失与获利举证困难，法定赔偿适用较多。其二，举证策略：主张实际损失的，可提交销量下降、价格侵蚀、市场份额流失与推广投入等证据；主张侵权获利的，可申请法院调取侵权人财务账册、销售数据与平台经营数据，侵权人拒不提供的，法院可参考权利人主张与证据确定。其三，惩罚性赔偿：适用需同时具备主观恶意与情节严重，如重复侵权、以侵权为业、拒不停止侵权、侵权规模大等；倍数在一倍以上五倍以下，应结合恶意程度与情节确定。其四，合理开支：律师费、公证费、鉴定费、翻译费等为制止侵权支出的合理费用可一并主张，需提供票据与必要性说明。其五，举证妨碍：侵权人持有证据无正当理由拒不提供，导致侵权获利难以确定的，法院可依权利人主张与在案证据确定赔偿数额，这是权利人的重要依托。其六，实务提示：诉讼前应做好证据规划，尤其是销售规模、主观明知与持续侵权时间的证据，直接影响赔偿高低与能否适用惩罚性赔偿。综合来看，选对计算方式、用足举证规则并主张合理开支，是提高赔偿的关键。本案由北京恒略律师事务所代理。Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, prioritize the choice of calculation methods that can be substantiated and involve higher amounts; Second, collect evidence of sales scale, subjective knowledge, and the duration of continuous infringement; Third, if necessary, apply to the court to retrieve the infringer's financial and platform data; Fourth, claim punitive damages and reasonable legal defense expenses. For matters related to trademarks and intellectual property protection, you may refer to the following resources for reference:Intellectual property protection and corporate law; For contracts and commercial arrangements, you can refer to the following for referenceBusiness and contract disputes in enterprises; For matters related to the execution of judgments, you can refer to the following materials for reference.Creditor's rights and debts, and enforcementLegal basis: Article 63 of the Trademark Law of the People's Republic of China (effective as of November 1, 2019) and Article 1185 of the Civil Code of the People's Republic of China (effective as of January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the compensation shall be determined in the following order: actual losses, infringement profits, a multiple of the licensing fee, and statutory compensation. Secondly, for malicious infringements with serious circumstances, punitive damages of not less than one but not more than five times the infringement profits may be applied. Thirdly, reasonable expenses for protecting rights can be claimed together, and attention should be paid to keeping the receipts. Fourthly, if the infringer refuses to provide the account books, the court may determine the amount according to the claim of the right holder. For the overall plan of claiming compensation for trademark infringement, it can be implemented through the following steps:Intellectual property protection and corporate lawThe service is supported. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.

VI. Frequently Asked Questions

Q1: In what order are the compensation amounts calculated?

It shall be determined in turn according to the actual losses, the infringer's profits, and the multiple of the trademark license fee. If it is difficult to determine any of the above factors, the court shall make a judgment at its discretion within a range of no more than 5 million yuan.

Q2: How to prove that the infringer has profited from the infringement?

It can be based on their sales data and financial information, and they can also apply to the court to retrieve the platform's operating data. If the infringer refuses to provide the account books, the court may determine the amount based on the claim of the rights holder.

Q3: Under what circumstances can punitive damages be awarded?

It requires both subjective malice and serious circumstances, such as repeated infringements, engaging in infringement as a business, large-scale infringements, and refusing to stop infringements. In such cases, the plaintiff may claim compensation ranging from one to five times the actual damages.

Q4: Can I get back the attorney's fees and notarization fees?

Yes. The reasonable expenses incurred to stop infringement are within the scope of compensation. The plaintiff should provide receipts and explain the necessity of the expenses, and the court will review and support them after that.

Q5: What should I do if I can't provide evidence of the losses?

You can instead claim the infringer's profits or refer to the multiple of the licensing fee; if it's difficult to determine either of them, you can request statutory damages and try to provide evidence of the infringement.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.