As any company or individual who has ever found themselves embroiled in an adversarial trademark matter knows, whether before a court or an administrative panel such as the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO), such matters are usually expensive, time-consuming, and arduous. More often than not, it is beneficial for both parties, particularly from a place of resource management, to put their efforts into reaching a mutually beneficial and acceptable settlement.

In trademark disputes, matters are often settled with a co-existence agreement or some other form of settlement. If, however, one finds itself entangled in a trademark dispute where settlement is not possible, there are certain steps available to maximize the chances of success and to arrive at a preferred resolution as soon as possible—while minimizing the costs.

Oftentimes, a trademark dispute in the United States will start at the USPTO through an inter partes opposition or cancellation proceeding. In such proceedings, the petitioning party believes it will be damaged by the registration or continued registration of a trademark.