{"id":34965,"date":"2026-07-29T15:20:30","date_gmt":"2026-07-29T13:20:30","guid":{"rendered":"https:\/\/kpw.law\/?post_type=service&p=34965"},"modified":"2026-07-29T15:20:53","modified_gmt":"2026-07-29T13:20:53","slug":"consulting-on-trademark-licenses","status":"publish","type":"service","link":"https:\/\/kpw.law\/en\/services\/consulting-on-trademark-licenses\/","title":{"rendered":"Consulting on Trademark Licenses"},"content":{"rendered":"\n
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Consulting <\/p>\n\n\n\n

on trademark<\/p>\n\n\n\n

licenses<\/span>.<\/p>\n\n<\/div> \r\n<\/h1>\n\n\n

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Review, drafting, and negotiation of trademark license agreements.<\/strong> Trust our team of experienced trademark attorneys to guide and advise you on all matters related to trademark license agreements.<\/p>\n\n\n\n

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Call now!<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div><\/div>\n<\/div>\n\n

Drafting Trademark License Agreements to Ensure Legal Compliance<\/h2>\n\n

A trademark realizes its economic value not only through its own use but also through licensing to third parties. Whether it involves merchandising, franchising, distribution partnerships, collaborations, or intra-group use of a trademark, the trademark license agreement is the tool you use to authorize and, at the same time, control the use of your trademark. It determines the revenue you generate, the extent of your control over the trademark, and whether you can terminate a licensing relationship if it is no longer viable. We support you in trademark law<\/a> throughout the entire lifecycle of a licensing relationship, from conception through negotiation and ongoing monitoring to termination and settlement. <\/p>\n\n

Who Is Affected by Trademark Licensing?<\/h2>\n\n

Trademark licensing agreements are no longer just a concern for large corporations. They are becoming relevant for companies that want to allow partners to use their trademark<\/a> in additional product or service areas, for manufacturers with selective or exclusive distribution structures, for franchise systems, for licensors in merchandising and in sports and media marketing, as well as for corporate groups that need to establish a sound foundation for the use of an umbrella trademark by their subsidiaries. There is also a significant need for advice on the licensee side, because anyone investing in building a market under another party\u2019s trademark needs planning certainty regarding the term, exclusivity, and the conditions for termination. <\/p>\n\n

One aspect that is often underestimated concerns the circumstances of the trademark\u2019s use. Under Section 26(2) of the German Trademark Act (MarkenG), the use of a trademark with the owner\u2019s consent is deemed to be use by the owner. A properly structured licensing agreement thus also safeguards the trademark\u2019s validity against an application for revocation on grounds of non-use under Section 49(1) of the German Trademark Act (MarkenG), if the trademark is in fact used only by partners or group companies. <\/p>\n\n

Drafting the Trademark License Agreement<\/h2>\n\n

The trademark license agreement is regulated by law only in broad terms. Pursuant to Section 30(1) of the German Trademark Act (MarkenG) and Article 25(1) of the EU Trademark Regulation, trademark rights may be the subject of exclusive or non-exclusive licenses, either for all or only a portion of the protected goods and services, as well as for the entire territory of protection or parts thereof. The law leaves all other details to the terms of the contract. It is precisely here that the validity of a license is determined. <\/p>\n\n

Section 30(2) of the German Trademark Act (MarkenG) deserves special attention. If a licensee violates contractual provisions regarding the term of the license, the permissible form of use, the type of licensed goods or services, the territory, or the quality of the goods and services, the trademark owner may assert not only contractual claims but also the rights arising from the trademark itself. For the EU trademark, Article 25(2) of the EU Trademark Regulation (UMV) applies mutatis mutandis. We therefore formulate the key limitations on use in such a way that they can be classified into these categories, as this significantly expands the scope of enforcement in the event of a dispute. <\/p>\n\n

In particular, we design the following for you:<\/p>\n\n