Having a deed of transfer of trademark rights drawn up: costs and process

Having a deed of transfer of trademark rights drafted by a specialized SME lawyer typically costs €350 to €900 for a standard situation, plus the limited costs for registration with the BOIP or EUIPO. You pay for a legally sound deed, a trademark register check, and guarantees that protect the assignee. Below, you can read what the process entails, what the costs depend on, and when a template suffices instead of custom drafting.

The short answer

• Deed costs: €350 – €900 with an SME lawyer for a standard transfer.
• Registration: a few tens of euros per trademark at the BOIP or EUIPO.
• Processing time: deed often within a few working days; registration thereafter.
• What you get: watertight deed, registry check, guarantees, assistance with registration.
• When custom solutions are required: partial transfer, licenses, pledges, or business acquisitions.

Having a deed of transfer of trademark rights drawn up: the process

Anyone having the deed drawn up broadly follows these steps:

1. Intake: which brand, who are the parties, is it being transferred fully or partially, and what is the price?
2. Register check: is the registration with the BOIP or EUIPO correct, is the trademark valid, and are there any licenses or attachments on it?
3. Drafting of the deed: trademark identification, scope, price, goodwill, guarantees, and registration agreement.
4. Signature: both parties sign; the written form is mandatory.
5. Registration: recording the transfer in the register.

How much does it cost to have it drawn up?

• Standard deed: €350 – €900 with an SME lawyer for one trademark, two parties, full transfer.
• More complex custom work: €900 – €2,500 for partial transfer, multiple brands, existing licenses, or transfer within a business acquisition.
• BOIP registration: usually a few tens of euros per trademark.
• EUIPO registration: also limited; check the current fee with the office.

The price depends primarily on the complexity, not on the value of the brand itself. Transferring a valuable brand can be simple; a cheap brand with existing licenses and an incorrect registration actually requires more work.

What do the costs depend on?

• Scope: full transfer is simpler than transferring partially (per class).
• Register: is the registration current or does it need to be corrected first?
• Encumbrances on the trademark: licenses, pledges, or attachments require additional agreements.
• Number of brands: transferring multiple brands at once costs more.
• Context: standalone transfer or part of a larger transaction with guarantees and tax reconciliation.

What are the benefits?

The greatest risk in a trademark transfer is not the price of the deed, but a transfer that is not legally finalized. A professionally drafted deed prevents that:

• the transfer is void because the written form or signature is incorrect;
• the registration with BOIP or EUIPO stalls due to an incorrect name registration;
• the acquirer unknowingly purchases a trademark with an existing license or pledge;
• later a discussion arises regarding goodwill, price, or which classes went along.

For a brand that is commercially important, that certainty far outweighs the costs.

Model or custom?

Not every transfer requires a tailored approach. Roughly:

• A model suffices: one trademark, two parties in agreement, full transfer, no licenses or security rights, clear price.
• Tailor-made solutions are wise: partial transfer, existing licenses or pledges, improper registration, multiple trademarks, or transfer as part of a business acquisition.

A brief real-life scenario: an entrepreneur sells his trademark to a competitor for a fixed amount, without licenses or other charges. A good design plus careful registration with the BOIP is sufficient in this case — an expensive custom deed adds little value.

Honest recommendation

Have a deed of transfer of trademark rights drawn up when something is at stake: a partial transfer, existing licenses or security rights, an improper registration, or a transfer within a larger transaction. In that case, the €350 to €2,500 is money well spent, as an error can invalidate the transfer. For a simple transfer of a single trademark between parties who agree, you do not need a lawyer: a sound design, the mandatory written form, and a correct registration with BOIP or EUIPO suffice. If you do choose to seek assistance, hire an SME lawyer who can check the register, rather than relying blindly on a free template.

Want more background? Read what a deed of transfer of trademark rights is and how to draft such a deed yourself. You can find a ready-made template on the deed of transfer of trademark rights.

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