Brand Licence Agreement

A brand licence is a trade mark licence with extras, typically including get-up, livery, and operating standards. The question driving the drafting is how much control the brand owner retains over the brand’s use.

Why brand control matters in licence drafting

Too little control and the brand is at risk; too much control and the licence starts to look like an agency or franchise arrangement, with consequences.

The agreement needs to address: scope (the products, the channels, the territories); brand standards and quality control; approval processes for marketing and creative; royalty mechanics; term and termination; and what happens to the licensee's stock and customer goodwill at the end.

A good brand licence reads like the manual for a long-term relationship, because that is what it is.

Example: a typical scope and fixed fee

For a brand owner licensing their trademark to a single licensee, the typical scope looks like this.

What's included

• A consultation to understand the brand, the licensee, and the commercial arrangement
• Drafting of a trademark/brand licence agreement covering scope, territory, quality controls, fees/royalties, duration, and termination
• One round of revisions based on your feedback
• Final version ready to use

What's outside this scope

• Negotiation with the other party beyond the scope described above
• Trademark registration or renewal at the IPO
• Tax advice

Fixed fee: £550, no VAT.

How I will approach your matter

Once you have instructed me, I will arrange a consultation to understand your brand, the licensee, and the commercial arrangement before drafting. The agreement will include appropriate quality controls to protect the trademark's strength.