Abstract: The abuse of statutory-compensation for trademark infringement is mainly embodied in two pre-and post-relevant levels—one is applying statutory compensation when it should not be applied， and the other is after application， the gap between the amount of statutory compensation and the amount of actual loss is too big and violates the principle of justice. Based on a trademark infringement case， judicial countermeasures against such abuse were discussed. To solve the issue at the first level， two conditions should be applied for the statutory compensation for trademark infringement and two requirements for plaintiffs burden of proof should be made by the court. To solve the issue at the second level， three principles should be followed when applying Clause 2， Article 16 of Peoples Supreme Courts Interpretation for Several Issues in Applying Law to Trial Trademark Civil Dispute Cases to reasonably determine the specific amount of statutory compensation. Furthermore， specific suggestions are put forward to apply the related elements to determine the amount of statutory compensation， which include the nature， period and consequence of infringement， trademark reputation， hypothetical trademark licensing contract， and reasonable expenses for deterring trademark infringement.

Key words: trademark infringement, infringement action, statutory compensation