What agreement outlines the obligations of Christies International Real Estate franchisees regarding the Marks?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to the following additional obligations, pursuant to our obligations under the Trademark License Agreement:
(a) You shall not represent that you own any of the Marks.
(b) You shall not use any Marks that consist of or incorporate "CHRISTIE'S" in any manner other than in the phrase "CHRISTIE'S INTERNATIONAL REAL ESTATE."
(c) You shall not use the font of the "CHRISTIE'S" Marks for any words other than "CHRISTIE'S."
(d) You must use the Marks in combination with the marks set forth in Section 7 of Exhibit 1 of this Agreement, which may be modified from time to time in writing, with our prior written consent.
(e) You shall market, hold out and otherwise position the Marks as a leading luxury brand.
You shall not market, hold out or otherwise position any other trademarks, trade names, service marks, domain names, logos or other commercial symbols as being associated with more luxurious real estate brokerage services or more luxurious real estate properties than those offered, marketed or sold under the Marks.
- (f) You agree that you are neither directly nor indirectly controlled by Sotheby's Inc., Phillips Auctioneers Limited, Beijing Poly International Auction Co.
Ltd., China Guardian Auctions Co.
Ltd., or their successors (including, for the avoidance of doubt, Realogy Holdings Corp. and its affiliates, for so long as it is licensed to use the Sotheby's Marks), or any other competitor that we may designate from time to time.
- (g) Your rights under this Agreement are contingent on you marketing, selling, or leasing only "luxury real estate" and maintaining an average selling price for properties that we designate from time to time, as further described in the Operations Manual, which definitions of, and formulas for calculating, "luxury real estate" are prescribed by IP Owner in the Trademark License Agreement.
You may designate properties as "luxury real estate" based on your market and relevant market and competitive issues; provided however, that we have the right to require you to remove such designations in our sole discretion.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate Franchise Disclosure Document, the obligations of franchisees regarding the Marks are outlined in the franchise agreement and Trademark License Agreement.
The franchise agreement specifies that franchisees cannot represent ownership of the Marks and must use them only in the phrase "CHRISTIE'S INTERNATIONAL REAL ESTATE." The agreement also dictates the required font for "CHRISTIE'S" and mandates the use of Marks in combination with those detailed in Section 7 of Exhibit 1, which may be updated. Franchisees must position the Marks as a leading luxury brand and cannot associate other trademarks with more luxurious services or properties.
Furthermore, the agreement stipulates that franchisees must not be controlled by competitors such as Sotheby's Inc. The right to operate under the agreement is contingent on marketing and selling only "luxury real estate" and maintaining a designated average selling price, as defined by the IP Owner in the Trademark License Agreement. While franchisees can initially designate properties as luxury real estate, Christies International Real Estate retains the right to require removal of such designations. These stipulations ensure brand consistency and prevent misuse of the Marks, protecting the brand's reputation and market position.