Is Christies International Real Estate the owner of the Marks?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
ll 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 the 2025 Christies International Real Estate FDD, franchisees are explicitly prohibited from representing that they own any of the brand's Marks. The agreement specifies that franchisees can only use the "CHRISTIE'S" mark in the phrase "CHRISTIE'S INTERNATIONAL REAL ESTATE" and in the designated font. This underscores that Christies International Real Estate retains full ownership and control over its trademarks, service marks, and other commercial symbols.
Christies International Real Estate reserves all rights associated with the CHRISTIES INTERNATIONAL REAL ESTATE Marks for itself and its affiliates. This includes the right to engage in any business, licensing, or franchising activities related to other brands and real estate brokerage systems, unless specifically granted to the franchisee in the agreement. The franchisor also retains the right to operate or license CHRISTIE'S INTERNATIONAL REAL ESTATE offices outside of the franchisee's protected territory and to conduct any business under the Marks through various channels, including the Internet and direct marketing.
This comprehensive reservation of rights ensures that Christies International Real Estate maintains control over its brand and can expand its business operations without being restricted by individual franchise agreements. The franchisor also has the right to modify or substitute the Marks, and franchisees are obligated to comply with these changes at their own expense. This allows Christies International Real Estate to adapt its branding and marketing strategies as needed, while franchisees must adhere to these changes to maintain brand consistency.
Overall, these provisions in the franchise agreement clearly establish that Christies International Real Estate owns and controls the Marks, and franchisees are granted limited rights to use them within the scope of their franchise agreement. Prospective franchisees should understand that they are licensing the use of the Marks and must adhere to the franchisor's guidelines and restrictions.