What are 'Marks' in relation to Christies International Real Estate advertising on the internet?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
21.9. "Marks" means the trademarks, service marks, and other trademarks, trade names, service marks, domain names, logos and commercial symbols that we have designated, or may in the future designate, for use in the System, which include CHRISTIE'S INTERNATIONAL REAL ESTATE.
(b) To own and operate, and grant licenses or franchises to others to own and operate, any business of any kind (other than an office located within your Protected Territory selling the same services as a CHRISTIE'S INTERNATIONAL REAL ESTATE businesses) under the Marks at any locations within or outside of your Protected Territory, including by electronic means such as the Internet, applications, by websites we may establish, catalog sales, telemarketing, or other direct marketing sales;
(f) To advertise the System anywhere, including, without limitation, on the Internet (or any other existing or future form of electronic commerce) and to create, operate, maintain, and modify, or discontinue the use of a website or any online presence using the Marks;
As further described in Section 6.4 of this Agreement, you must not register, as Internet domain names, any of the Marks or any abbreviation, acronym or variation of the Marks, or any other name that could be deemed confusingly similar without our prior written approval.
You hereby agree that upon expiration or earlier termination of this Agreement, you will immediately remove from your independent website all Marks or any abbreviations, acronyms or variations of the Marks, or any other name that could be deemed confusingly similar and to de-brand and de-identify as an affiliate of CHRISTIE'S INTERNATIONAL REAL ESTATE.
Subject to the terms of this Agreement, you shall have the right to offer and sell real estate brokerage services identified by the Marks through any other channels of distribution, including the Internet but excluding the metaverse.
- (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.
(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."
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate FDD, the term 'Marks' refers to the trademarks, service marks, and other trademarks, trade names, service marks, domain names, logos, and commercial symbols that Christies International Real Estate designates for use within its system. These Marks include the name CHRISTIE'S INTERNATIONAL REAL ESTATE itself. Christies International Real Estate reserves all rights to engage in activities associated with these Marks.
Christies International Real Estate retains specific rights regarding the use of Marks in advertising, including on the internet. They have the right to advertise the System anywhere, including online, and to create, operate, maintain, modify, or discontinue any website or online presence using the Marks. However, franchisees must adhere to brand guidelines and obtain prior written approval before registering any internet domain names that include the Marks or any confusingly similar variations. Franchisees must also remove all Marks from their independent websites upon termination of the Franchise Agreement.
Christies International Real Estate may promote, sell, and distribute products, items, and other materials under the Marks through various channels, including the internet, applications, websites, catalog sales, telemarketing, or other direct marketing sales. Franchisees are granted a non-exclusive license to offer and sell real estate brokerage services identified by the Marks through any other channels of distribution, including the Internet but excluding the metaverse.
Franchisees must market, hold out, and position the Marks as a leading luxury brand and cannot 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 properties than those offered under the Marks. Franchisees must also use the Marks in combination with specific marks as outlined in the agreement and must not use the font of the "CHRISTIE'S" Marks for any words other than "CHRISTIE'S."