Having a trademark license agreement drafted: costs and process

Having a trademark license agreement drafted by a specialized SME lawyer typically costs between €600 and €2,500, depending on the complexity: exclusivity, royalties, multiple countries, and the value of the trademark determine the price. The process usually takes one to three weeks and proceeds in fixed steps: intake, trademark check, draft, discussion, final version, and, where necessary, registration of the license. Below are the costs, the process, and points to look out for.

The short answer

• Costs: 600 to 2,500 euros, depending on exclusivity and royalty structure.
• Lead time: one to three weeks with timely delivery.
• Process: intake, brand check, concept, discussion, final, registration.
• When: for commercially valuable brands, exclusivity, or royalties.
• Additional: registration fees at the BOIP or EUIPO for registration of the license.

Having a trademark license agreement drafted: what determines the price?

The price depends primarily on how much needs to be arranged. A non-exclusive license with a fixed fee and a simple scope is quickly drawn up. As soon as exclusivity, royalties with reporting, multiple countries, or an extensive quality scheme are added, the workload increases. The value of the brand also plays a role: for a brand that forms the core of your business, you want to see more certainty built in.

Broadly speaking, you see three levels. A basic license costs 600 to 1,000 euros. A middle category with royalties and a quality scheme is between 1,000 and 1,800 euros. An exclusive EU license with audit, enforcement agreements, and registration is in the range of 1,800 to 2,500 euros.

The process step by step

1. Intake: which brand, which party, which area, and which goal.
2. Trademark check: is the trademark registered, are you the holder, are there previous licenses or seizures.
3. Concept: the lawyer prepares a customized first draft.
4. Discussion: you review scope, compensation, and quality and make adjustments.
5. Final: signing by both parties.
6. Registration: where desired, the license is registered with the BOIP or EUIPO.

The brand check: start with the basics

Before a single letter is put on paper, the legal expert checks whether there is actually anything to license. Is the trademark registered and for which classes? Are you the registered holder? Is there already a prior exclusive license or a lien that stands in the way? Does the territory for which you wish to grant a license correspond with the territory for which the trademark is protected?.

This check prevents you from giving away a right you do not possess. If the trademark turns out not to be registered, or not registered in the correct classes, registration or supplementation is required before a license makes sense.

Where does the value of customization lie?

A free template offers a false sense of security. The value of a custom-made trademark license lies in the provisions that suit your situation:

• Quality scheme: requirements, prior approval, and right of inspection that suit your product.
• Royalty structure: a basis and audit clause that you can enforce in practice.
• Enforcement: clear agreements on who takes action against infringement and who bears the costs.
• Termination: consequences for stock, use and registration at the end.

Registration and additional costs

In addition to drafting, there are sometimes additional costs. Registration of the license in the trademark register entails a registration fee at the BOIP or EUIPO. If the trademark itself is missing, trademark registration is required. If you require periodic quality monitoring or annual royalty checks, you can arrange this as a separate service.

Ask for a fixed price or a clear price range in advance so that you know where you stand. A good lawyer will mention the additional costs on their own initiative.

Practical example

A caterer has its own concept brand for healthy lunchboxes, registered as a Benelux trademark. A franchisee wants to open a branch in their own region under that brand. The caterer has an exclusive regional license drawn up with quality requirements, a fixed monthly fee plus royalties on turnover, audit rights, and registration with the BOIP. The lawyer charges approximately 1,600 euros, plus the registration fee. After two weeks, a contract is ready that guarantees quality and protects the reputation of the brand.

Honest recommendation

You do not always need to engage a lawyer. If it concerns a short-term, non-exclusive license with a small interest, you can draft a workable contract yourself using a good template and a clear quality agreement. For a trial collaboration or internal use, the costs of custom work are often unnecessary.

Be sure to have it drafted as soon as your brand becomes commercially valuable, as soon as you agree on exclusivity or royalties, or as more countries are added. At that point, the quality arrangement, the audit clause, and registration carry significant weight, and they cost little compared to the damage caused by a diluted brand or royalties you cannot verify. Always ask for a fixed price in advance.

You can arrange this via the trademark license agreement. In preparation, read what a trademark license agreement is and how to draft a trademark license agreement.

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