Are there any costs if a trademark dispute resolution is reached amicably?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, you should still count on some fees, but they’re typically lower than the costs of fully contested proceedings. In an amicable situation, the fees that will likely apply are legal fees for negotiating and drafting the settlement agreement, which apply on both sides. Then, if the settlement involves a co-existence agreement or consent letter, those documents require legal preparation regardless of how amicable the process is.

In jurisdictions where the cooling-off period provides for cost-neutral exploration of settlement (such as the EU, where both parties can negotiate before adversarial proceedings begin), the legal fees during that phase are primarily for negotiation and drafting rather than formal advocacy. Resolution at that stage is significantly cheaper than proceeding to a full hearing.

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