1, trademark infringement disputes to the people's court, whether the lawyer's fees shall be borne by the defendant, according to the actual case:
(1) If the people's court decides that the defendant loses the case, the lawyer's fee is a reasonable fee paid to stop the infringement and shall be borne by the defendant;
(2) If the court decides that the plaintiff loses the case, it does not constitute infringement of trademark rights, and the lawyer's fees shall be borne by the plaintiff.
2. Legal basis: Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes.
Second, what are the provisions on the jurisdiction of trademark infringement litigation?
The provisions on the jurisdiction of trademark infringement litigation are as follows:
(1) A civil action brought for infringement of the exclusive right to use a registered trademark shall be under the jurisdiction of the people's court of the place where the infringement was committed, the place where the infringing goods were stored, the place where they were detained or the place where the defendant was domiciled as stipulated in the Trademark Law. The place where infringing goods are stored is a place where a large number of infringing goods are stored or hidden within a specified period; The place of seizure refers to the place where the customs, industry and commerce and other administrative organs seal up and detain infringing goods according to law.
(2) For a lawsuit filed by several defendants in different places, the plaintiff may choose the people's court where one of the defendants infringed; The people's court in the place where the defendant committed the infringement only has jurisdiction over the lawsuit brought against one of the defendants.
According to the provisions of the Interpretation on the Trial of Trademark Civil Disputes, if the people's court decides that the defendant loses the case after the trademark infringement dispute is brought to the people's court, the lawyer's fee is a reasonable fee paid to stop the infringement and shall be borne by the defendant; If the court decides that the plaintiff loses the case, it does not constitute trademark infringement, and the lawyer's fee shall be borne by the plaintiff. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.