EU Trademark Licensing: How to License a European Union Trade Mark
Quick answer: EU trademark licensing lets a proprietor authorize another person or company to use a registered European Union trade mark while the owner keeps title. A written licence should define the mark, goods and services, territory, exclusivity, duration, quality controls, payment and termination. Record the licence where useful and keep evidence of consent and the licensee’s use.
What is an EU trademark licence?
A trade mark licence is permission to use a protected sign under agreed conditions. It does not transfer ownership. The proprietor remains the owner and authorizes a licensee to use the mark for specified goods or services, in a defined territory and during a stated term. Licensing can support distribution, franchising, manufacturing, co-branding or group-company use.
An EU trade mark may be licensed for all or part of the EU, and for all or some of the registered goods and services. The European Union Trade Mark Regulation sets out the framework for licences and other rights. See the EU Trade Mark Regulation and EUIPO guidance on managing a trade mark.
What should a trademark licence agreement include?
- Exact registration number and approved versions of the mark.
- Goods and services covered, including any limits on channels or products.
- Territory: EU-wide, selected countries, or another clearly defined market.
- Whether the licence is exclusive, sole or non-exclusive.
- Start date, duration, renewal conditions and termination rights.
- Quality standards, approval procedures, brand guidelines and audit rights.
- Royalty, reporting, records, tax handling and payment dates.
- Rules for sub-licensing, online use, domain names, advertising and enforcement.
Precise drafting helps prevent a licence from being read more broadly than intended. Define how the mark may appear and what the licensee must do if it discovers counterfeit products or receives a complaint. Our trademark risk assessment guide can help with pre-filing brand scope, while our logo-versus-company-name article explains why the protected sign matters.
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Can a licence be exclusive?
Yes. An exclusive licence normally reserves the relevant use to the licensee within the agreed scope, subject to the agreement and applicable law. A non-exclusive licence allows the proprietor to authorize other users as well. A sole licence often means one licensee alongside the proprietor. These labels can vary in commercial use, so the contract should state the actual rights and whether the proprietor may continue using the mark.
Can a trademark licence cover only part of the EU?
Yes. The territory can be limited and the permitted goods or services can be narrower than the registration. If the parties divide markets, define how online sales, cross-border deliveries, marketplaces, advertising and customer support are treated. An EU-wide right is unitary, so licensing clauses should be drafted with care when the parties intend geographic limits.
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Should an EUIPO licence be recorded?
Recording a licence in the EUIPO Register can help make the recorded right visible to third parties and align the public record with the parties’ arrangement. Check the current EUIPO form, required details and fee position before filing. The underlying agreement should still set the parties’ full obligations; a register entry is not a substitute for a clear contract. Consult EUIPO’s after-application management information for official procedure.
How does licensing affect genuine use?
Use by a licensee with the proprietor’s consent may be relevant to maintaining the registration, but the business should preserve proof: invoices, catalogues, product listings, marketing, sales summaries and the written authorization. The records should connect the mark to the goods or services and the relevant dates and markets. For a practical checklist, see our EU trademark genuine-use and proof-of-use guide and EU trademark opposition guide.
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We can help you map licence terms to a straightforward evidence routine.
Licensing compared with transferring a trademark
A licence allows another party to use the mark while ownership stays with the proprietor. An assignment transfers ownership. Choose the route that reflects the real transaction, including who controls the brand, who receives revenue and who will manage renewals and enforcement. If ownership is changing, read our EU trademark transfer guide. For an application covering several countries, learn about Croatian registration and our Latvian trademark guide.
Practical steps before granting a licence
- Confirm the owner, registration status, mark representation and protected list.
- Decide the territory, goods/services and commercial channels.
- Choose exclusivity, compensation and quality standards.
- Agree on reporting, record retention, enforcement and termination.
- Sign the agreement and consider recording the licence with EUIPO.
- Keep use evidence and monitor renewal deadlines.
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Frequently asked questions
Does licensing transfer ownership?
No. A licence grants defined use rights; the proprietor keeps ownership. An assignment is the route for transferring ownership.
Can I license only one product line?
Yes. The agreement can cover a subset of the registration’s goods and services, with clear boundaries.
Does EUIPO approve the licence contract?
EUIPO records certain information about a licence but does not negotiate or validate the parties’ commercial terms for them. The parties should ensure the contract is complete and legally suitable.
Can I license a pending trademark application?
Rights and recordal options can depend on the status and applicable procedure. Check the current register and EUIPO instructions before signing or filing.
This article is general information, not legal advice. Have complex or exclusive arrangements reviewed for your facts and
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