US opposition roadmap
A significant portion of cases conclude in Phase 2, with costs not exceeding USD 1,500. 95% of cases end before trial, with estimated costs ranging from USD 3,000 to USD 6,000.
The opposition process typically consists of the following 4 phases:
Phase | What happens | Why it matters | Timing | Cost |
|---|---|---|---|---|
Phase 1: Early defense & settlement positioning | 1. We file your Answer (mandatory) 2. Prepare and send an initial co-existence proposal 3. Attend the mandatory discovery conference • Handle required initial disclosures | Failure to file the answer results in the abandonment of your mark. This phase positions the case for early resolution. Most oppositions that settle do so here.
| Within 60 days of the opposition notice | USD 1,000 (fixed fee) |
Phase 2: Co-existence negotiations | 1. Negotiate co-existence terms with the opposing party 2. Prepare and handle the co-existence agreement 3. Close the opposition | If the other side is open to settlement, this is usually the fastest and most cost-effective outcome.
| Depends on negotiations | USD 500 (fixed fee) |
(if needed) Phase 3: Discovery / evidence-based leverage | 1. Exchange documents and evidence 2. Use facts and timelines to strengthen settlement leverage 3. Renegotiate co-existence | Most remaining cases resolve here once both sides see the real strengths and weaknesses. | Several months | USD 3,000–6,000 (estimate) |
(rare; not the plan) Phase 4: Trial | Full TTAB trial process | Trials are not the goal and are uncommon. We pause and realign before any major spend. | Long | USD 20,000 (estimate)
|
What clients should know?
Not filing an Answer = automatic abandonment of your trademark.
Only around 5% of US oppositions reach trial.
Our approach is settlement-first, cost-controlled, and decision-driven.
You can manage costs without committing to the full expense of prolonged litigation: each phase is assessed before moving forward.