Licensing · Assignments · Franchising

Turn your trademarks into revenue.

Licensing, assignments, franchising, co-branding and sponsorships let your brand earn income on your terms.

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TL;DR

You can make money from a trademark by licensing it to others for a royalty, selling or assigning it, franchising the business behind it, or using it in co-branding and sponsorship deals.

Modern Mark drafts and negotiates the agreements behind each of these, so the brand stays protected while it earns.

How can I make money from my trademark?

License it, sell it, franchise the business that uses it, or partner with other brands through co-branding and sponsorships. Each route needs an agreement that keeps control of the brand with you.

  • Licensing agreements. Others use your mark on their products in exchange for royalties.
  • Assignments and sales. You transfer ownership of the mark outright.
  • Franchising. Operators pay to run a business under your brand and system.
  • Co-branding. Your mark appears alongside another company’s on a product or campaign.
  • Sponsorship deals. A company pays to associate its brand with yours.
  • International expansion. The brand moves into new countries through distributors or licensees.

What goes into a trademark licensing agreement?

The goods and territory covered, whether the license is exclusive, royalties and reporting, quality standards, the length of the deal, and how either side can end it.

Quality control matters most. A license that lets someone use the mark with no control over quality can put the trademark itself at risk. Courts call that a naked license.

Can I sell my trademark?

Yes, through an assignment. A trademark is transferred together with the goodwill of the business it represents, and the assignment should be recorded with the USPTO.

An intent-to-use application generally can’t be assigned before use begins, except to a successor of the business. Recording the assignment protects the buyer against later claims.

Do I need a registered trademark to franchise?

In practice, yes. Franchisees pay for the right to use your brand, so you need to own it securely, and the franchise disclosure document must say whether your principal marks are federally registered.

What are co-branding and sponsorship agreements?

Deals in which another company uses your mark alongside its own, or pays to associate its brand with yours. Each needs clear terms on how the marks appear, who approves each use, and what happens when the relationship ends.

Not legal adviceThis page offers general information and does not give legal advice about your situation. Laws, rules and fees change, and every matter turns on its own facts. Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

How it works.

01

Tell us your needs

Fill out our matter evaluation form. The more detail you provide, the better we can help.

02

Free matter evaluation

We review your information and determine how we can best help. Free of charge, no commitment.

03

Schedule your Strategy Session

If we can help, you’ll get a link to a 45-minute strategy session with clear next steps and a quote.

More questions.

Q01Is licensing income passive?

Largely, once the agreement is in place. You still need to watch how licensees use the brand. See trademark monitoring.

Q02How is licensing work priced?

Modern Mark offers flat-fee pricing on almost every service. You receive an exact quote during your Strategy Session.

Related services.

01

Trademark Registration

A clearance search and strategy before a USPTO filing that holds up.

USPTO · Flat-fee→
02

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Cease-and-desist letters, takedowns, UDRP, cancellations and monitoring.

Takedowns · TTAB→
03

Copyright

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05

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The right entity, filed correctly, in nearly any state.

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Business Legacy & Estate Planning

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IP Litigation

Trademark, copyright and trade secret disputes, taken to court when a letter isn’t enough.

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Trademark Oppositions

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Attorney help when a self-filed application gets an office action, refusal, abandonment, or opposition.

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Foreign Applicants

USPTO rules require trademark applicants based outside the US to be represented by a US-licensed attorney.

US counsel rule→

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