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trademarks

EU - European Union

licenses

License registration, modification and cancelation for (applications for) European Union trademarks

The legal base for entering a license for European Union trademarks into the EUIPO register is EUTMR 2017, Art. 26. According to EUTMR 2017, Art. 28, this applies to applications for European Union trademarks as well. The legal base for modifying or cancelling an entry of license in the EUIPO register is EUTMR 2017, Art. 29. Further information can be obtained from the Guidelines.

Entry in the EUTM Register of a license is not compulsory. However, such registration has advantages for the licensee e.g. vis-à-vis third parties and regarding information on the licensed trademark.

Costs

	Office (€)		Attorney (€)
	1^st to 5^th trademark (application), for each one	6^th and each further trademark (application)	1^st trademark (application)	2^nd and each further trademark (application)
	in a single request, licensors and licensees being identical (EUTMR 2017, Art. 26(1), 20(8))
registration	200	-	250	175
transfer
cancellation

No renewal

Maybe in contrast to some Asian countries, licenses entered into the EUIPO register do not need to be renewed, when an EU trademark is renewed, rather such licenses remain in the EUIPO register, if an EU trademark is renewed.

Information and documents

mandatory

number of the trademark to be licensed
names and addresses of the licensees
license agreement:
- no proof of the license is required by the EUIPO, if the application for registering of a license is made by the trademark owner or jointly by the trademark owner and the licensee. (EUTMR 2017, Art. 26(1)b), Guidelines E3.2.4.1.1 and .2
- proof of the license e.g. by a license agreement is required, if the application for registering of a license is solely made by the licensee. Uncertified PDF copies are sufficient. Applicants are discouraged from sending originals, since originals will not be returned. (Guidelines E3.2.4.1.3)

optional

(a) exclusive license
(b) a sub-license in the event that the license is granted by a licensee whose license is recorded in the Register;
(c) a license limited to only part of the goods or services for which the mark is registered;
(d) a license limited to part of the European Union
(e) a temporary license

This page should not be construed as legal advice.
No responsibility is accepted for the correctness of the official fees. The attorney's fees indicated on this page are minimum charges of the law firm Dr.-Ing. Hellmich which may be raised in urgent cases.
This page does not constitute an offer but rather "invitatio ad offerendum" (invitation to make an offer).