What is the effect of our direction on a Christies International Real Estate franchisee's use of the Marks?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
expressly authorized such use in writing. You agree to display the Marks prominently and in the manner we direct on all signs and forms. Subject to our rights described in this Agreement, you agree to obtain fictitious or assumed name registrations as may be required under applicable law.
- 6.3. Additional Limitations on Your Use of the Marks Pursuant to the Trademark License Agreement. Our and your use of the Marks is subject to the Trademark License Agreement. 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.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to Christies International Real Estate's 2025 Franchise Disclosure Document, the franchisee's use of the Marks is subject to several specific directions and limitations. The franchisee cannot represent ownership of the Marks and must only use them in the phrase "CHRISTIE'S INTERNATIONAL REAL ESTATE." The franchisee must use the Marks in combination with other marks as specified in Exhibit 1 of the agreement, which may be modified. Furthermore, the franchisee is expected to market the Marks as a leading luxury brand and cannot position other trademarks as being associated with more luxurious services or properties. These stipulations ensure brand consistency and prevent misuse of the Christies International Real Estate brand.
Christies International Real Estate retains significant rights regarding the Marks. They can engage in any activities associated with the Marks and other brands, as well as any business, licensing, or franchising activities not specifically granted to the franchisee or expressly prohibited in the agreement. This includes the right to operate or franchise Christies International Real Estate offices outside the franchisee's protected territory and to operate any business under the Marks, including online activities, regardless of location. They can also use other trademarks for businesses similar to Christies International Real Estate, merge with other businesses, and promote products under the Marks through various channels.
The franchisee's rights to use the Marks outside their protected territory are subject to limitations. If a franchisee is licensed to provide real estate brokerage services in an area where another franchisee has protected territory, the franchisee may list properties for sale in that area using the Marks, provided that these listings do not exceed 5% of their total inventory. If the 5% threshold is exceeded and the franchisee does not cease such listings promptly after notice, Christies International Real Estate can terminate the agreement.
Christies International Real Estate also reserves the right to modify or substitute the Marks, and the franchisee must comply with such changes at their own expense within a reasonable time after notification. The franchisee cannot use the Marks as part of the name of their business entity but must operate under a trade name that includes "CHRISTIE'S INTERNATIONAL REAL ESTATE" with an approved unique identifier. These controls ensure that Christies International Real Estate maintains control over its brand identity and can adapt its branding strategy as needed.