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

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Intellectual property

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