Sell, Transfer or License a Trademark: What Founders Need to Know

Many founders think of a trademark only in terms of protection: file it, register it, tick the box. Yet a registered trademark is above all one thing, a tradable asset. You can sell it, transfer it to a buyer or license it to others for money. The law expressly makes this possible: under § 27 (1) MarkenG (gesetze-im-internet, 2025), trademark rights can be transferred to others, even for just part of the goods and services. In this guide, I will show you what sets a sale, a transfer and a license apart, how the change of owner works at the DPMA and EUIPO, and what to watch out for beforehand. (Not legal advice, just practical know-how.)

Key Takeaways

• A trademark is a tradable asset: trademark rights can be transferred in full or in part (§ 27 (1) MarkenG, 2025).
• Sale equals transfer: the owner changes. License equals permission to use: you stay the owner.
• At the DPMA, the change of owner is recorded via forms W 7616 (full) and W 7617 (partial) (DPMA, 2026).
• An EU trademark can be transferred separately from the business (Art. 20 EUTMR, EUR-Lex 2017).
• Licenses can be exclusive or non-exclusive, in full or in part (§ 30 (1) MarkenG, 2025).

Before you buy a trademark or license someone else's, you should know what the register actually says. Our overview shows you how to research that in advance in our guide to trademark research.

Can you even sell a trademark?

Yes, you can sell a registered trademark. Under § 27 (1) MarkenG (gesetze-im-internet, 2025), trademark rights can be transferred to others, either in full or in part, that is, for only some of the registered goods and services. Legally, "selling" is therefore nothing other than transferring: ownership passes from the seller to the buyer.

A trademark is thus not merely a "keep out" sign but an asset with a price of its own. Startups sell their trademark along with the business at exit, online retailers part with a sub-brand, and sometimes a competitor deliberately buys an established name. The value lies in the recognition, the registration and the classes covered.

What matters is keeping the contract and the register separate. The purchase agreement sets out what passes over and at what price. To make the change visible to the outside world, you report it to the office to update the register. Only then does the new owner appear in the register.

A registered trademark is tradable: trademark rights can be transferred to others in full or for part of the goods and services (§ 27 (1) MarkenG, gesetze-im-internet, 2025). Legally, a sale means a transfer, that is, a change of ownership. The relevant trademark office then records the change of owner in the register.

One point surprises many people: if the trademark belongs to a business operation, it is, in case of doubt, included when that business is transferred (§ 27 (2) MarkenG, 2025). So whoever sells their business, in case of doubt, hands over the trademark with it. This rule can be modified, though, and you can expressly exclude it in the contract.

Transfer or license: what is the difference?

The core is simple: with a transfer you give the trademark away, with a license you keep it. § 27 MarkenG governs the transfer of rights, that is, the change of owner. § 30 (1) MarkenG (2025) governs the license, that is, mere permission to use, exclusive or non-exclusive, in full or in part. A transfer is a sale, a license is more like a rental.

This distinction decides your long-term control. If you sell, the trademark is gone and you no longer have any say over how it is used. If you license, you remain the owner and keep steering the terms, such as duration, territory and quality.

When a transfer makes sense

• Exit or sale of a business unit: the trademark passes over as part of the deal.
• Rebranding: you no longer need the old name and turn it into cash.
• Group structure: a trademark moves from the operating company into a holding company.

When a license fits better

• Recurring income: you keep earning from your name without giving it up.
• Franchise or cooperation: partners use your trademark on your terms.
• Testing new markets: a licensee opens up a region while you stay the owner.

A practical note: an exclusive license feels almost like ownership to the licensee, yet legally it remains a license. As the owner, you can step in if they overstep the agreed limits. That is exactly what makes the difference in a dispute.

How do you transfer a trademark at the DPMA?

At the DPMA, the transfer runs through an update of the register, requested with an official form: W 7616 for a full transfer of rights, W 7617 for a partial transfer of rights (DPMA, 2026). "Full" means the entire trademark changes hands. "Partial" means only some of the registered goods and services pass over, while the rest stays with you.

The order is always the same. First you sign the contract that governs the transfer. Then you file the request with the DPMA so the new owner appears in the register. Without this update, the register still knows only you, which can later cause problems with renewal or enforcement.

A partial transfer is the underrated lever. You do not have to give everything away: if you hold a trademark in several classes, you can sell only the classes that fit someone else's business and keep your core area. Form W 7617 is designed for exactly that (DPMA, 2026).

At the DPMA, the change of owner is recorded by updating the register. Form W 7616 is used for a full transfer of rights, and form W 7617 for a partial transfer of rights (DPMA, 2026). The new owner appears in the register only once it is updated. The contract sets out exactly which goods and services pass over.

The fees for updating the register vary by office and scope, so check them before filing in the DPMA's current fee schedule. To see what other costs come up around a trademark, our overview of the cost of a trademark search puts them in context.

What applies to an EU trademark at the EUIPO?

With the EU trademark, an important particularity applies: under Art. 20 EUTMR (Regulation (EU) 2017/1001, EUR-Lex 2017), it can be transferred separately from the business, in full or for part of the goods and services. So you do not have to sell the whole company along with it, the trademark is tradable as a standalone asset.

The EUIPO records the change of owner as what is known as a recordal, that is, an entry of the change in the register (EUIPO). Here too, a distinction is made between a full and a partial transfer, mirroring the logic at the DPMA. You file the request online through the User Area of your EUIPO account.

The difference from the German rule is subtle but relevant. At the DPMA, in case of doubt the trademark is transferred together with the business operation (§ 27 (2) MarkenG, 2025). The EU trademark, by contrast, expressly emphasizes that it can be separated from the business (Art. 20 EUTMR, 2017). Anyone holding trademarks in both systems should know both mechanics.

In practice this means: if you hold both a national trademark and an EU trademark, you treat each transfer separately. A German register update does not automatically take effect at EU level, and vice versa. Two registers, two requests.

How does a trademark license work?

A license lets someone else use your trademark without you giving it up. Under § 30 (1) MarkenG (2025), you can grant licenses exclusively or non-exclusively, in full or in part, for all of Germany or just one region. At EU level, the same applies through Art. 25 EUTMR (2017), exclusive or non-exclusive, in full or in part, for the whole Union or part of it.

This flexibility is the real value. You can release one region and keep another, license individual product classes or give a partner exclusivity in a single segment only. Each of these levers belongs in the contract, otherwise gaps appear later.

Quality control is decisive. The owner can invoke their rights against a licensee who breaches provisions on duration, registered form, type of goods or services, territory or quality (§ 30 (2) MarkenG, 2025). So if the licensee lets quality slip, you can step in. That is exactly why a quality clause is not a bureaucratic detail but trademark protection.

What belongs in every license

• Scope: exclusive or non-exclusive, which classes, which territory.
• Duration: fixed term or open-ended, with termination rules.
• Quality: standards for products and presentation so the brand value holds.
• Compensation: fixed fee, revenue share or a combination.

A trademark license can be granted exclusively or non-exclusively, in full or in part, and for part of a territory (§ 30 (1) MarkenG, 2025). If the licensee breaches agreed provisions on duration, form, type of goods, territory or quality, the owner can invoke their rights against them (§ 30 (2) MarkenG, 2025).

What should you watch out for before a sale or license?

First, research whether the trademark holds up to its promise: the validity, scope and cleanliness of the registration. A trademark is only worth as much as its protection. If it is vulnerable, for example due to non-use or an older conflicting trademark, the value drops or the deal falls through. Buyers and licensees look closely.

When buying someone else's trademark, this applies twice over. Before you transfer money, you should know whether the trademark is really free and enforceable and whether similar signs appear in the register. You can start this preliminary research yourself by comparing the register against similar trademarks. You will find a starting point in our overview of trademark research.

And where is the line to legal advice? Here it is clear. You can understand and prepare what a transfer, a partial transfer and a license fundamentally mean. The concrete drafting of the contract, warranties, liability and valuation belong in expert hands. For real deals, borderline cases or disputes, advice from an attorney makes sense, because this article is no substitute for legal advice.

Frequently asked questions about sale, transfer and license

The same questions keep coming up around trading in trademarks, from the partial transfer to quality control in a license. You will find the key answers gathered in the FAQ block of this article, each with a reference to the relevant provision.

If you want to buy or license someone else's trademark, start by looking at the register. That way you spot early on whether the name is really free and enforceable. For the contract, valuation and real conflicts, you are better off bringing in an attorney as well.

Conclusion: your trademark is more than just protection

The most important message first: a registered trademark is a tradable asset. You can sell it, transfer it in full or in part, or license it for compensation (§ 27, § 30 MarkenG, 2025). A sale means you hand over ownership. A license means you stay the owner and merely permit use. Both need to be cleanly arranged.

For practice, the mechanics behind it count: at the DPMA, the register update runs through W 7616 and W 7617 (DPMA, 2026), and an EU trademark can be transferred separately from the business (Art. 20 EUTMR, 2017). Whether you buy, sell or license, the first step is always the same: know what the register says. You can research your trademark directly before you sign a deal.