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The Civil Procedure Law stipulates who pays the fees if a trademark lawsuit is won

1. The Civil Procedure Law stipulates that if a trademark lawsuit is won, who pays the fees? Attorney fees and litigation costs in trademark infringement cases are borne by the losing party. The attorney fees in a lawsuit (litigation) are generally borne by the hiring party. The losing party is not responsible for the attorney fees paid by the other party to assert its rights and interests. However, the following circumstances are excluded: (1) According to my country's current relevant judicial interpretations, in the following nine categories, it is clearly stipulated that the losing party shall bear the reasonable attorney fees of the winning party: 1. Legal aid cases; 2. Copyright infringement cases; 3. Trademark rights Infringement cases; 4. Patent infringement cases; 5. Unfair competition cases; 6. Cases in which creditors exercise their right of revocation in contract disputes; 7. Litigation cases regarding loan security rights; 8. Personal injury compensation, reputation infringement, and traffic accident cases; 9. Arbitration cases. (2) In addition to the above circumstances, both parties may clearly stipulate in the contract that the attorney's fees shall be borne by the losing party. Otherwise, the losing party shall have no right to require the losing party to bear the reasonable attorney's fees of the winning party. 2. What are the criteria for identifying trademark infringement? There are two main criteria: 1. Use on the same or similar goods (services); 2. The two trademarks are identical or similar; 3. Under normal circumstances, the "infringed trademark" is required to be Registered trademark. What is "identical or similar goods (services)", please refer to the "Classification Table of Similar Goods and Services" translated by the Trademark Office; what is "identical or similar trademarks" can be judged from four aspects: pronunciation, shape, meaning, and overall structure. . To elaborate, it is too complicated. For example, the approximate standards for graphics, text, letters, and combined trademarks are all different. To truly master it, you need to read and understand relevant laws, regulations, industry standards, etc., as well as have a certain amount of practice. It is better to entrust a trademark lawyer to do this. Article 52 of the Trademark Law: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Using the same or similar trademark on the same or similar goods without the permission of the trademark registrant. (2) Selling goods that infringe the exclusive rights of registered trademarks; (3) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; (4) Without the consent of the trademark registrant, Changing its registered trademark and putting the goods with the changed trademark back into the market; (5) Causing other damage to the exclusive right to use registered trademarks of others. Although the attorney fees in trademark infringement cases are also borne by the losing party, the infringed party cannot deliberately hire some well-known lawyers with high salaries because the losing party generally only bears the attorney fees within the reasonable range of the winning party. According to relevant judicial interpretations in our country, attorney fees are borne by the losing party in only nine special circumstances. In most other lawsuits, attorney fees must be borne by the winning party.