What does trademark infringement cost? Costs & Calculator 2026

The Costs of Brand Infringement at a Glance

For readers in a hurry, we have summarized the typical cost risks of an out-of-court warning letter. The amount depends crucially on the so-called value in dispute:

Unknown Brand / Smaller Business Owner Subject matter value approx. €50,000.
- Third party legal fees: approx. €2,123.08 (gross)
Known Brand / Normal Standard Case: Object value approx. €100,000.
- Third party legal fees: approx. 2,738.79 € (gross)
Well-known luxury brand (e.g., Louis Vuitton, BMW, Ray-Ban): Item value from €250,000 to €500,000.
- Third party legal fees: approx. €4,095.50 to €5,828.14 (gross)

Note: In each case, your own legal fees for defense and any claims for damages will be added.

What are the costs of trademark infringement?

The total costs after a brand infringement are comprised of four core areas.

1. The warning costs (Opponent's attorney fees)

Anyone who infringes a trademark must reimburse the trademark owner for the costs of the warning letter. These legal fees are calculated by law according to the Lawyers' Fees Act (RVG). The basis for this is the value of the dispute. In trademark law, courts consciously set this value high in order to effectively protect trademarks. Normally, nothing is possible below €50,000 for a registered trademark. For well-known brands, six-figure amounts are the standard.

2. Own legal fees

To defend yourself against a warning letter, you should engage a specialist lawyer for intellectual property law. Your own costs will either be based on statutory fees (RVG) or an agreed-upon fee (hourly rate or flat fee).
Good to know: Strategic defense almost always leads to a massive reduction in the opponent's total claims. Investing in your own lawyer usually pays off many times over.

3. Damages

In addition to attorney fees, the plaintiff usually demands damages. How much you have to pay depends on the type and extent of the infringement. The trademark owner can calculate damages in three ways:

License analogy: What would a regular license for the use of the brand have cost? (Most common calculation method)
Disgorgement of profits from infringement: What profit did you make from selling the infringing products?
Lost profit: What profit has the brand owner lost due to your infringement?

4. Destruction and Recall Costs

In severe cases – especially with product piracy – you must recall and destroy defective goods at your own expense from the distribution channels. The infringing party also bears these costs.

Our interactive trademark infringement cost calculator

Use our calculator to estimate the financial risk for your scenario.

Trademark infringement cost calculator

Object value: I am not entitled to deduct input tax I would like to be represented by a lawyer Type of trademark infringed: Profit through trademark infringement (€): Third party legal fees: Own legal fees: Damages: Total costs:

What factors are driving up costs?

Not every brand infringement costs the same. The following factors determine whether you'll be at the lower or upper end of the cost scale:

Brand awareness: The better known and more valuable the brand (e.g., automotive groups or luxury fashion brands), the higher the value of the dispute.
The number of injured brands: If multiple trademarks are warned in a letter, the subject values are added together.
The economic importance: A single offer on eBay or Etsy carries less weight than a nationally advertised online shop with thousands of items.
The response of the person cautioned: Anyone who misses deadlines or ignores the warning letter risks legal proceedings. An injunction or an interim injunction immediately doubles or triples the financial risk.

How we lower the cost of trademark infringement for you

We experience it every day in our law firm: the claims in warning letters are often set far too high. The opposing lawyers exploit the legal leeway to the maximum.

We will scrutinize the warning letter for you and focus costs on the crucial points:

Attack on the item value: We are examining whether the estimated dispute value is excessive and are thereby directly reducing the opposing counsel's fees.
Modification of the cease and desist declaration: We never issue the opponent's pre-formulated statement unchanged. We are limiting the risk for the future.
Defense or reduction of damages We are meticulously examining the counterparty's calculations. The claimed amounts can often be massively inflated or completely rejected.

Have you received a warning letter? Use our free warning letter check. Upload your letter, and we'll give you an honest, concise initial assessment of your chances of success and the real costs.

Would you like us to represent you? Then please send us your warning letter for a free initial assessment.