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

This settlement agreement template settles a trademark action in a U.S. district court with optional language for resolving a dispute before the Trademark Trial and Appeal Board (TTAB). It is drafted in terms favorable to the trademark owner (plaintiff) but aims to be reasonable to both parties. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Settlement agreements are commonly used to settle trademark disputes, in both federal court and in TTAB proceedings. They are also sometimes used even before a proceeding or action is filed. While the parties often negotiate orally, you should always memorialize the agreement in writing. The agreement should detail the scope of the settlement and release and procedural requirements, including discontinuance of the mark, deadlines for compliance, and any limitations on future adoption of similar marks. Careful drafting is imperative because settlement agreements not only resolve the current dispute, but could have business implications for years to come. All possible issues between the parties should be considered so that the client's present and future interests are adequately covered by the agreement. This agreement includes the settlement of trademark infringement, dilution, and related claims. For a more 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.