According to relevant laws and regulations in my country, the acceptance fee for infringement compensation cases is generally 100 yuan to 500 yuan per case. If the amount of compensation exceeds 50,000 yuan, a certain proportion will be charged. The cost of trademark infringement litigation is determined based on the specific case. If the amount involved is small, the litigation fees will be small; if the amount involved is large, the litigation fees will be high.
1. How much is the litigation fee for trademark infringement? In intellectual property civil cases, if there is no disputed amount or value, each case shall be charged 500 yuan to 1,000 yuan; if there is a disputed amount or value, the fee shall be based on the standards for property cases. pay. Property cases shall be paid cumulatively according to the amount or value of the litigation claim in accordance with the following proportions: 1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case; 2. The part exceeding 10,000 yuan to 100,000 yuan shall be paid in accordance with the following ratio; 3. The portion exceeding 100,000 yuan to 200,000 yuan shall be paid in accordance with 2; 4. The portion exceeding 200,000 yuan to 500,000 yuan shall be paid in accordance with 1; 5. The portion exceeding 500,000 yuan to 1 million yuan shall be paid in accordance with 1; 6. The portion exceeding RMB 1 million to RMB 2 million shall be paid as per RMB; 7. The portion exceeding RMB 2 million to RMB 5 million shall be paid as per RMB; 8. The portion exceeding RMB 5 million to RMB 10 million shall be paid as per RMB; 9. The portion exceeding RMB 10 million to RMB 20 million shall be paid in accordance with the regulations; 10. The portion exceeding RMB 20 million shall be paid in accordance with the regulations.
2. Constitutive elements of trademark infringement If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks: 1. There must be an illegal act, that is, the perpetrator has sold counterfeit goods The act of registering trademarked goods; 2. There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage. 3. The offender is subjectively at fault, which means that the offender already knew or should have known that the goods sold were goods with counterfeit registered trademarks. 4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.
3. Legal Basis for Trademark Infringement "Trademark Law" Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights to registered trademarks in accordance with the law; if a crime is suspected, it shall be transferred to the judicial authority in a timely manner. Deal with it according to law. In trademark infringement cases, infringement is nothing more than requiring the infringer to bear civil liability for compensation. Therefore, the litigation fees and attorney fee standards for trademark infringement cases are determined based on the trademark infringement compensation standards. However, considering that attorney fees also have many factors, you can directly negotiate with the attorney face to face.