The possible remedies for trademark infringement are set out in articles 2.21 and 2.22 of the Benelux Convention on Intellectual Property of 25 February 2005, as approved, by the Law of 16 May 2006 and amended by the Protocol of 11 December 2017 (put into force March 1, 2019), approved by the Law of 20 July 2018.
- Compensation of material and non-material damages, which consist of:
- Losses suffered, including costs and expenses imposed on it for the investigation and determination of the infringements and the inconveniences connected with the proceedings the trademark holder is forced to institute, loss of reputation, prejudice to the commercial value of the trademarks and loss of market share
- Loss of profits
- The handing over of the materials and instruments that were mainly used for the production of the infringing goods
- In case of acts committed in bad faith, transfer of the profit enjoyed as a result of those infringing acts