{"id":7182,"date":"2024-12-16T16:45:50","date_gmt":"2024-12-16T08:45:50","guid":{"rendered":"https:\/\/fdlaw.com.tw\/?p=7182"},"modified":"2026-04-25T23:24:31","modified_gmt":"2026-04-25T15:24:31","slug":"trademark-infringement-compensation","status":"publish","type":"post","link":"https:\/\/fdlaw.com.tw\/en\/blog\/trademark-infringement-compensation\/","title":{"rendered":"Trademark infringement case: How much damages can be requested? How to calculate? Professional intellectual property rights lawyers explain to you the damages for trademark infringement!"},"content":{"rendered":"
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Trademark, trademark infringement, trademark infringement damages, trademark lawyer, Taipei Trademark Office<\/figcaption><\/figure>\n\n\n\n

In trademark infringement cases, the amount of damages is of great concern to the trademark owner. According to the relevant provisions of the Trademark Law and judicial practice experience, the request and calculation of damages mainly depend on the nature and scope of the infringement and the actual impact on the right holder. The following are the core methods and related considerations for calculating damages:<\/p>\n\n\n\n

How damages are calculated<\/strong><\/h2>\n\n\n\n

The Trademark Law provides the following main calculation methods, and the right holder can choose the most advantageous plan:<\/p>\n\n\n\n

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  1. Actual amount of damages<\/strong>
    Direct economic losses suffered by rights holders due to infringement, including reduced sales, damage to goodwill, etc. For example, if a brand's sales volume decreases or its market share is diluted due to infringement, the corresponding amount can be calculated.<\/li>\n\n\n\n
  2. Benefits gained by the infringer<\/strong>
    The amount of compensation shall be based on the illegal gains obtained by the infringer due to trademark infringement. The court will make calculations based on the number of products sold by the infringer, profit margin and other data, and require it to return its illegal gains.<\/li>\n\n\n\n
  3. License multiple<\/strong>
    If it is difficult to prove actual losses or profits from infringement, the rights holder may request compensation based on the trademark licensing rate under normal market conditions, and may request a certain multiple (usually 1 to 3 times).<\/li>\n\n\n\n
  4. Statutory compensation amount<\/strong>
    When the above methods cannot be calculated or proven, the court may award statutory compensation at the request of the right holder, with the upper limit of the amount generally being NT$5 million (in accordance with Article 97 of the Trademark Law).<\/li>\n<\/ol>\n\n\n\n

    importance of evidence<\/strong><\/h4>\n\n\n\n

    The amount of damages depends on the sufficiency of the evidence. Rights holders should collect relevant information as soon as possible, including but not limited to:<\/p>\n\n\n\n