Settlement Agreement
(Trademark or TTAB Litigation) (Pro-Trademark Owner)

Summary

This settlement agreement template is designed to resolve a trademark dispute in a U.S. district court and includes optional provisions for resolving matters before the Trademark Trial and Appeal Board (TTAB). While the terms are favorable to the trademark owner (plaintiff), the agreement strives to remain balanced and reasonable for both parties. This template features practical guidance, drafting notes, alternative provisions, and optional clauses. Settlement agreements are frequently used to resolve trademark disputes, whether in federal court litigation or TTAB proceedings. They can also executed pre-litigation to avoid formal legal action. Although negotiations often begin informally or through oral discussions, it is critical to reduce the final terms to a written agreement. The written settlement should clearly define the scope of the resolution and any mutual releases, along with procedural details such as discontinuation of mark usage, compliance deadline, and restrictions on future use of similar marks. Precise and thoughtful drafting is essential, as trademark settlement agreements often have long-term legal and business implications. This agreement should address all relevant issues to protect the client's current position and future interests. This template addresses the settlement of claims related to trademark infringement, dilution, and other related causes of action. For a detailed discussion on these claims, see Trademark Infringement and False Designation of Origin Claims, Remedies, and Defenses and Trademark Dilution Claims, Remedies, and Defenses. For guidance on negotiating and drafting a settlement agreement in a trademark dispute, see Trademark Settlement Agreement Checklist. For additional resources on trademark enforcement, see Trademark Enforcement Resource Kit. For an overall guide to TTAB proceedings, see TTAB Proceedings Resource Kit.