- Transparent flat fees · Attorneys with 25+ years of combined trademark experience
Before you send a demand letter, answer one, or launch a product near someone else's brand, you need a clear-eyed view of the risk. We analyze trademark infringement questions for Minnesota businesses on both sides of a dispute.
Flat, published fees · Offices in St. Paul & Coon Rapids · 100% recommend on Facebook (100+ reviews)
Short answer: Trademark infringement occurs when someone uses a mark in commerce that is likely to confuse consumers about the source, sponsorship or affiliation of goods or services. An infringement analysis looks at who has priority, how similar the marks and goods are, how and where they are sold, evidence of actual confusion, and available defenses. A Twin Cities trademark lawyer then gives you a written view of the strength of the claim and realistic options.
| Service | What's included | Fee |
|---|---|---|
| Attorney time (opinions, disputes, oppositions, cancellations, assignments, other services) | Hourly attorney rate | $400 / hour |
| Federal trademark application (one class) | $700 legal fee + $350 USPTO filing fee | $1,050 |
Flat fees as published on our fee schedule. USPTO fees are set by the government and can change. Paying a filing fee does not guarantee registration.
Courts in Minnesota are in the Eighth Circuit, which weighs factors including:
No single factor decides the case. The USPTO and the Trademark Trial and Appeal Board use a related set of factors when deciding whether marks can coexist on the register. A Minnesota trademark attorney applies these factors to the real facts and evidence, not just a side-by-side comparison of names.
Priority. The party that used or filed first usually wins, but common-law use in a local market can complicate the picture. We build a timeline of each party's first use, filings and expansion.
Defenses. Common defenses include no likelihood of confusion, prior use, descriptive fair use, nominative fair use, abandonment, laches and acquiescence, and invalidity of the other party's mark.
Remedies and exposure. Remedies can include an injunction, the infringer's profits, damages, costs and in exceptional cases attorney fees. Counterfeiting carries enhanced remedies. Knowing the realistic exposure on both sides shapes whether to negotiate, rebrand, or stand firm.
We regularly analyze conflicts between Minnesota businesses: two restaurants with similar names in Minneapolis and a suburb, contractors competing for the same customers across the metro, and Minnesota product brands facing knockoffs online. We also help Minnesota businesses that receive demand letters from large national brands and need to understand whether the claim is strong or overreaching.
A Minnesota trademark lawyer who understands both the law and the local market can often find a practical resolution that avoids litigation.
Transparent, flat-fee pricing. Federal applications start at $700 plus the $350 USPTO fee per class. Your Twin Cities trademark lawyer quotes every other service up front, before work begins.
Trademark infringement is the unauthorized use of a mark in commerce in a way that is likely to cause confusion about the source, sponsorship or affiliation of goods or services.
It depends on factors like the similarity of the marks, how related the goods or services are, how they are sold, the strength of your mark and evidence of actual confusion. An attorney can weigh these for your facts.
It can be. Marks are compared by sound and meaning as well as spelling, so a different spelling or a phonetic equivalent can still be confusingly similar.
Yes. Business name filings do not give trademark rights or protect you from claims by an earlier trademark owner.
Do not ignore it and do not respond without advice. Preserve documents, note any deadline and have a Minnesota trademark lawyer review the claim before you reply.
Actual confusion is evidence that real customers have been confused, such as misdirected calls, emails, orders or reviews. It is strong evidence but is not required to prove infringement.
Generally the party that first used the mark in commerce, or first filed a federal application that later registers. Local common-law use can give an earlier user rights in its market area.
Usually not. A disclaimer such as 'not affiliated with' rarely cures confusion if the marks and goods are similar.
Descriptive fair use allows using a word in its ordinary meaning to describe your goods. Nominative fair use allows referring to another company's product by name, such as for compatibility, without implying endorsement.
Comparative advertising that truthfully names a competitor is often allowed, but use that suggests affiliation or endorsement can be infringing. Bidding on competitor keywords is a fact-specific issue.
It depends on profits, damages, the infringer's intent and the strength of the evidence. Many cases resolve with an agreement to stop use rather than a money judgment, and a Minnesota trademark lawyer can tell you what is realistic.
The Lanham Act has no fixed limitations period, but delay can support a laches defense. Courts often look to analogous state limitations periods, so acting promptly matters.
No. A clearance search screens a name before use. An infringement analysis evaluates a specific conflict, usually after both parties are already using their marks.
Yes. Federal law protects unregistered marks against confusing use, and unregistered users can also be liable for infringing a registered mark.
Dilution protects very famous marks against uses that blur or tarnish them, even without confusion. Minnesota also protects marks that are famous within the state.
Yes. If the risk is high, a Twin Cities trademark lawyer compares the cost of rebranding now with the likely cost of a dispute later and help you plan a transition.
Most analyses are completed within one to two weeks, faster if a response deadline is approaching.
Yes. Communications with your Minnesota trademark attorney for the purpose of legal advice are generally protected by attorney-client privilege.
Yes. A Twin Cities trademark lawyer at our firm can send or answer letters, negotiate coexistence, handle TTAB proceedings and coordinate litigation if needed.
Call (651) 222-3776 or request a free consultation. A Minnesota trademark attorney will review the situation and quote the analysis before starting.
Free consultation by phone, video or in person in St. Paul or Coon Rapids.
Or call (651) 222-3776
Twin Cities Trademarks PLLC · St. Paul & Coon Rapids, MN. This page provides general information, not legal advice for your situation. Contacting us does not create an attorney-client relationship. Fees listed exclude USPTO government fees unless stated and may change; see our pricing page for current figures.
