The monograph is the first in the Russian doctrine of a comprehensive study aimed at developing a theoretical construction of responsibility for the violation of exclusive rights, taking into account the principles of justice and proportionality. The authors substantiated the idea that such responsibility is of a private law nature. It has a predominantly restorative character. Penalty function should be realized in respect of the subjects, willfully using someone else's trademark. In this case, when calculating the recovered compensation, not only the possible losses of the right holder, but also the profits received by the violator should be taken into account. The paper formulates the conditions for reducing compensation; circumstances to be taken into account when calculating the amount of compensation. The monograph studied law enforcement practice, doctrinal sources and foreign experience. Legislation and case law are given as of December 31, 2018. The monograph will be useful to lawyers specializing in