Franchising is an agreement between two parties where a franchisor collects a fee from a franchisee for the privilege of setting up a business with the former’s brand name, technology, or established marketing systems.
Licensing is an agreement between two parties in which a licensor grants a licensee permission to use something without owning it. These agreements tend to involve intellectual property such as brands, trademarks, or logos.
Understanding franchising

Franchising is an agreement involving the payment of a fee from the franchisee to the franchisor in exchange for use of the former’s brand, business systems, or trademarks.
In some agreements, the franchisee may also be required to pay the franchisor a percentage of their revenue in royalties.
Unlike license agreements where two independent businesses share a common brand element or technology for a period of time, a franchise agreement duplicates an existing brand and business model.
Since both entities act less independently, the franchisee has limited control over how the business is operated.
McDonald’s is undoubtedly the best example of a franchise business and is known for its strict application criteria.
Franchisees are expected to meet certain net worth and liquidity thresholds and are also responsible for obtaining supplies, paying salaries, and meeting rent or mortgage expenses.
The upfront investment might shoot up to $2 million plus and 4% of earnings paid in royalties.
While these costs may seem exorbitant, it’s worth noting that a McDonald’s franchise is as close to guaranteed returns as one can get in business.
Franchise owners have access to the company’s brand equity, streamlined training and operational procedures, and margins that can be as high as 40% on some items.
Understanding licensing
License agreements set forth the terms of shared use of a trademark, technology, or IP asset. In exchange for the legal right to use the licensor’s asset, the licensee pays a license fee.
This fee may be exclusive or non-exclusive and one-time or continuous depending on the nature of the asset and agreement.
Licensing examples include:
- Limited and specific purpose – when McDonald’s wants to co-brand its Happy Meals with Disney characters, it must obtain a license from Disney to do so.
- Exclusive use of technology – examples include Apple licensing users to use its operating system and Spotify handing out licenses for users to listen to music on its network.
- Patent or technology licensing – this is commonly used by pharmaceutical companies that award licenses to manufacturers to use their patented formulas.
Key takeaways:
- Franchising is an agreement involving the payment of a fee from the franchisee to the franchisor in exchange for use of the former’s brand, business systems, or trademarks. License agreements set forth the terms of shared use of a trademark, technology, or IP asset between a licensor and licensee.
- The primary differences between franchising and licensing arise from the level of control, business objectives, and regulation. While franchisees have less control over business operations, this is offset in many instances by access to the franchisor’s brand, expertise, and other valuable IP or assets.
- McDonald’s is one of the best examples of a franchise business and is known for its strict application criteria and high initial investment.
Read Next: Franchising Business Model.
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