The entire cost of a trademark cancellation can sometimes be minimal and affordable. Other times, it can be ridiculously expensive and prohibitive. Now, you’re probably wondering how that could possibly be the case. Well, the reason is because there are countless factors that greatly impact the cost of pursuing or defending a trademark cancellation. For example:
- Whether you’re the petitioner or the registrant
- Whether you choose to retain an attorney
- Whether the cancellation raises complex or novel issues of law or fact
- The number of grounds for cancellation pleaded by the petitioner
- The amount of effort and time you’re prepared to invest in the cancellation proceeding
- Whether the parties can privately resolve the trademark cancellation and how long it takes to reach a settlement
Although you’re certainly in control of some of these factors, many of them you have little or no control over. And when you don’t have control over the proceeding, the ability to calculate the total cost of a trademark cancellation can quickly become an exercise in futility.