Zal Dmytro Oleksandrovych

Attorney

E-mail

zal@prikhodko.com.ua

Phone numbers

Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

Trademark License Agreement

For modern business, a trademark is much more than a name or logo. It is reputation, customer trust, and a real commercial asset. That is why when a company begins to scale, attract partners, or operate through distributors or franchisees, the issue of legally transferring the right to use the brand almost always arises.

In practice, this is formalized through a trademark license agreement.

Despite this, many entrepreneurs still operate “on trust,” limit themselves to general cooperation agreements, or do not legally formalize the right to use the trademark at all. The consequences of such an approach usually become evident during a conflict: the brand is used without control, quality declines, partners register domains or social media pages in their own name, and the trademark owner effectively loses leverage.

That is why a license agreement is not a formality but a fundamental tool for business protection.

Get a Consultation on a License Agreement

What Is a License Agreement and How Does It Work?

A license agreement is a contract under which the trademark owner grants another party the right to use the mark for goods and services under specified conditions. At the same time, the trademark remains the property of the licensor, while the licensee receives only the right of use.

In essence, it is a way to “lease out” a brand while maintaining legal control.

This mechanism is widely used in franchising, network businesses, e-commerce, service industries, IT projects, as well as in the restaurant and hospitality sectors. Without a license agreement, any use of another party’s trademark is considered an infringement of intellectual property rights.

Depending on the business model, a license may be exclusive, non-exclusive, or sole. This determines whether the trademark owner may grant rights to other partners and whether they retain the right to use the brand themselves.

Why a Standard “Template” Agreement Does Not Work

One of the most common mistakes is using universal templates without adapting them to a specific business.

A high-quality license agreement always takes into account:

the specific trademark and its registration details;
the list of goods and services within which use is permitted;
the territory of validity;
the term of the license;
the financial model (fixed fee, royalties, or a combined format);
a quality control mechanism;
termination conditions.

Important! A quality control clause is especially critical. Without it, the trademark owner risks that the partner will provide services or sell goods under your brand at their own discretion, directly affecting the overall reputation of the trademark.

Territorial restrictions and the prohibition or regulation of sublicensing are equally critical. If these issues are not properly defined, the brand may “spread” without your actual consent.

Common Problems Businesses Face

Entrepreneurs often confuse a license agreement with an assignment agreement.

A license is a temporary right of use.
An assignment is the complete transfer (sale) of the trademark to another party.

Improperly drafted documents may result in the brand being lost permanently. In practice, this happens more often than it may seem.

Lawyers at “Prikhodko & Partners” regularly handle cases where a trademark is already being used without a contract, cooperation terms are undefined, remuneration is not fixed, and the brand owner has no leverage over the partner.

In such situations, it is necessary not just to draft a contract, but to actually restore control over the brand — which is always more complicated and costly than doing everything correctly from the beginning.

Order Preparation of a License Agreement

Legal Support for Concluding a License Agreement

Preparing a trademark license agreement is a strategic element of business development, not a secondary document. It allows you to scale the brand, attract partners, and generate additional income without losing legal control over your intellectual property.

A properly drafted license protects both parties, establishes transparent rules of cooperation, and minimizes risks related to reputation, finances, and brand rights.

In the realities of the Ukrainian market, a trademark is increasingly becoming a company’s primary asset. That is why its use must be regulated professionally.

Lawyers at “Prikhodko & Partners” provide support in drafting license agreements, advise on choosing the optimal licensing model, help structure cooperation terms between the trademark owner and the licensee, prepare customized agreements based on the actual business model, assist with agreement registration, and participate in negotiations with partners.

Our practical approach includes not only drafting the agreement itself but also conducting a preliminary risk analysis: verifying the trademark status, assessing Nice Classification classes, determining the territory of use, defining the financial model (royalties or fixed remuneration), and developing quality control and liability mechanisms.

To receive a consultation and learn the cost of preparing a trademark license agreement, please fill out the form below.

Calculate the cost of services

1 question

Do you plan to transfer the right to use your trademark to a partner or franchisee?

Yes

2 question

Is your trademark used by other persons without a separate license agreement?

Yes

3 question

Do you want to retain full legal control over the brand when transferring the right to use?

Yes

Successful cases on the topic:

You may also need:

Citizenship of Malta for investment

Citizenship of Ukraine by investment

Consultation of a lawyer on labor law

Cryptocurrency investment agreement

Contract of purchase and sale of property rights to an apartment

Compensation for violation of the right to inviolability of the home

Compensation for moral damage as a result of a traffic accident

Complaint against the actions of the surgeon

Compensation for substandard services or goods

Articles on the topic:

20%

discount

If we do not
call back
during the day

Law company

Leave a request for legal assistance right now:

9+ years on the market

70+ professional practitioners

Fixed price

Online / offline consultation

Intellectual property

Trademark Registration for IT Projects and Startups Trademark License Agreement Legal support for continuation of the line of this trademark IP Due Diligence (Audit) for Business Protection against counterfeiting Trademark check for novelty (plagiarism) Intellectual property infringement Intellectual property protection on the Internet Barcode registration: how to make a barcode for a product Recognition of a trademark as well-known in Ukraine Software licensing Sublicense agreement Patent for a utility model for military purposes (weapons) Disposal of intellectual property rights Copyright lawyer Response to objection to registration of intellectual property/industrial design Invalidation of a trademark certificate Appealing the refusal to register a patent for an industrial design, utility model or invention Appealing a refusal to register a trademark in Ukraine Objection to the registration of an industrial design Register TM in Ukraine Registration of the copyright Trademark registration Copyright transfer agreement Copyright on project documentation: legal aspects and practical recommendations Objection to trademark registration Compensation for copyright infringement Transfer of rights to an industrial design Agreement on the transfer of ownership of a trademark Trademark protection in Ukraine Trademark registration in France Trademark registration in Germany Trademark registration in China Patent search in Ukraine Trademark registration in foreign countries TM protection at customs International patent search Plagiarism lawsuit TM registration Counterfeit lawyer Registration of intellectual property Fight against counterfeiting and piracy Filing a complaint with the DMCA Internet piracy lawyer Accelerated trademark registration in Ukraine Register a cryptocurrency name Register the copyright of the picture Brand name registration Logo registration Registration of the store name Utility model patent – price of patent registration in Ukraine Register copyright on poems Register the copyright of the song Registration of a pseudonym of an artist / media personality Industrial design patent A claim of improper use of a trademark Protection of intellectual property rights Protection of trademark rights Legal protection against product copying Patenting an invention (know-how) in Ukraine Inspection of patent purity Registration of a trademark in the customs register of Ukraine Agreement on creation to order and use of the object of intellectual property rights Legal protection of the trademark Registration of an international trademark through the Madrid system Obtaining a trademark certificate Software copyright registration Entering the object of intellectual property in the customs register Trademark registration in the USA Song copyright registration Book copyright registration Work Copyright Registration Registration of Copyright for Music Registration of software copyrights Consultation of a lawyer on copyright Certification of cosmetics (cosmetic products) Commercial concession contract Create License agreement Development of a license agreement for the object of intellectual property rights Valuation of intellectual property rights Development of an agreement on the transfer of rights to intellectual property objects Copyright registration Trademark registration in Ukraine Patent registration for intellectual property in Ukraine Registration of a patent for an invention Brand registration in the USA for business on Amazon (Amazon Brand Registry) Evaluation of intellectual property Utility model patent – Utility model patenting in Ukraine Registration of rights to an industrial design International registration of a patent for an industrial design Registration of trademarks Copyrights protection in court Preparation of contracts in the field of intellectual property Registration of a patent for an invention in Ukraine Drafting a Copyright Agreement International trademark registration International registration of the invention International registration of industrial designs Transfer of rights and issuance of licenses for the object of intellectual property Intellectual Property Lawyer