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How much does it cost to litigate a trademark? Trademark infringement lawsuits that advance to trial are estimated to cost between $375,000 to $2 million per case.
You win a trademark opposition by promptly reaching a reasonable settlement, which may feature a co-existence agreement between the parties. Accomplishing this before you spend time, effort, and attorney fees pursuing litigation that you may not be able to afford, given the cost through completion, is indeed a victory.
A trademark license agreement allows the licensee to use (but not own) the licensor's trademark in connection with agreed-on products or services. Licensing can help a company expand into new markets effectively and easily while lending the licensee an established name and reputation.
You may challenge an application for trademark registration at the USPTO by filing an opposition with the TTAB within 30 days after it is published in the Official Gazette.
Parties can also achieve settlement through assignments and licensing. A party that is faced with a prior application or registration can contact the owner of the conflicting mark in an effort to negotiate an assignment of rights or in the alternative, a license.
In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. To do this, the plaintiff should first show that it has developed a protectable trademark right in a trademark.