Trademark Litigation Cost Estimate
(Defendant Version)

Summary

This is a template memorandum from an attorney to a defendant trademark client estimating fees and costs for a trademark litigation. Estimates may vary when considering the number and complexity of the legal claims and issues raised, local billing rates, and the amount at stake. This template includes practical guidance and drafting notes. This form is not for use for TTAB proceedings (Trademark Trial and Appeal Board), as the stages of TTAB proceedings are different from district court litigation, and the TTAB only adjudicates issues of registration and not other Lanham Act claims. For a plaintiff-focused estimate of fees and costs in trademark litigation, see Trademark Litigation Cost Estimate. For more coverage of trademark remedies in general, see Trademark Litigation Remedies Resource Kit.