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How much does it cost to file a lawsuit with a lawyer if you are sued for trademark infringement?

If you are sued for trademark infringement and find a lawyer to file a lawsuit, the fees are as follows:

1. Basic salary plus commission: The lawyer negotiates the basic salary and commission ratio with the client before accepting the case. The basic salary is usually It is fixed, and the commission is determined based on the outcome of the case. If the case is won, the commission will be calculated according to a certain percentage;

2. Hourly billing: Lawyers calculate fees based on their own working hours and labor costs, usually based on The lawyer's professional title and experience level determine the charging standard;

3. Success fee: After the lawyer wins the case, he or she will charge a certain percentage of the disputed amount as the success fee. The ratio is generally between 10 and 30. It depends on the specific circumstances;

4. Fixed fee: Before accepting the case, the lawyer and the client reach an agreement on the scope, content and workload of the lawyer's services, as well as charging standards, etc., and charge a fixed fee. .

The conditions for being sued for trademark infringement mainly include:

1. Trademark infringement refers to the use of a logo that is identical or similar to another person’s trademark without the authorization of the trademark registrant. , easily causing public confusion. Therefore, one of the conditions for being sued for trademark infringement is that the alleged infringing party has not obtained a trademark registration certificate or the use of the trademark exceeds the scope of trademark registration;

2. The second condition for being sued for trademark infringement is that the accused party It is alleged that the infringing party has used a logo that is identical or similar to another's trademark on goods or services, causing public confusion and infringing on others' trademark rights;

3. The third condition for being sued for trademark infringement is that the defendant The actions of the alleged infringing party have caused actual economic losses to the trademark registrant or are likely to cause economic losses.

To sum up, in trademark infringement cases, the specific circumstances and evidence requirements involved will vary depending on the nature of the case and legal provisions. Therefore, when a party encounters a trademark infringement lawsuit, Comprehensive analysis and judgment should be made based on the actual situation and legal regulations.

Legal basis:

Article 49 of the Trademark Law of the People's Republic of China

A registered trademark becomes the generic name of the goods for which it is approved for use. If the name is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark.

Article 59

The registered trademark contains the common name, graphics, and model of the product, or directly indicates the quality, main raw materials, functions, uses, weight, The holder of the exclusive right to a registered trademark has no right to prohibit others from legitimate use of the quantity and other characteristics, or the place name contained therein.

The owner of the registered trademark has no right to prohibit the shape of the goods contained in the three-dimensional mark registered trademark due to the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value. Fair use by others.

Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the holder of the exclusive right to the registered trademark shall There is no right to prohibit the user from continuing to use the trademark within the original scope of use, but it can require it to attach an appropriate distinguishing mark.