Question: What Civil Liabilities May Arise from Trademark Infringement?

Civil liability:

Damages are determined according to the right holder’s actual loss; if difficult to determine, according to the infringer’s benefit; and if both are difficult to determine, by reasonable reference to a multiple of the trademark license fee. For malicious infringement under serious circumstances, damages may be one to five times the amount determined by those methods. Damages include reasonable enforcement expenses.

If the actual loss, infringer’s benefit, and license fee are all difficult to determine, the people’s court may award up to RMB 5 million according to the circumstances.