What standards must a franchisee follow when using the Marks for Christies International Real Estate?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
anchisor. To our knowledge, there is no pending material federal or state court litigation regarding our use or ownership rights in a trademark. You must follow our standards when you use the Marks, as well as the standards set forth in the Trademark License Agreement. You may not use the Marks as part of your corporate, partnership or limited liability company name, nor may you modify words, designs, symbols, or colors either alone or in combination with other words or logos, as part of any Mark or on any Internet URL address or domain name. You may not use the Marks in connection with the sale of an unauthorized products or services. You may use the Marks on the Internet only as we specifically authorize in the License Agreement or in the Operations Manual. Upon written notice, you must modify or stop using the Marks within 10 days of receiving written notice and, at your sole cost and expense, must promptly begin using such additional, modified or substituted Marks, and you are solely responsible for all related costs.
We are not party to any agreements that limit our rights to use, or license the use of, the Marks. However, the Trademark License Agreement described above does significantly limit our rights to use, or license the use of, the Marks. We are not aware of any other superior prior rights or infringing uses that could materially affect your use of the Marks.
If a suit in equity or action at law is brought against you and/or us alleging that you and/or we have no right to use any of the Marks used to identify the Business, we will assume, with your cooperation, the defense of the suit or action. Our trademark counsel will control and coordinate the defense. We will bear all costs of the defense, and we retain the right to any money we may be awarded in any such defense. If the Marks are being used by an unlicensed party and you ask us to protect or enforce your rights to the Marks, we will take the action we deem appropriate with your cooperation. Our trademark counsel will control and coordinate the action. We will bear all costs of the action, and we retain the right to any money we may be awarded in any such action. You must not directly or indirectly contest our right to the Marks.
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
We do not currently hold any patents. We claim a copyright to our Operations Manual, the proprietary software, all marketing materials, website text, other printed material, although we have not presently filed a registration of those copyrights. We consider all of these items confidential and proprietary.
Source: Item 13 — TRADEMARKS (FDD pages 38–40)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate Franchise Disclosure Document, franchisees must adhere to specific standards when using the brand's trademarks, referred to as "Marks." These standards are detailed in the License Agreement and the Operations Manual, which includes IP Owner's Brand Guidelines. A key restriction is that franchisees cannot use any Marks that incorporate "CHRISTIE'S" except in the full phrase "CHRISTIE'S INTERNATIONAL REAL ESTATE."
Christies International Real Estate franchisees are required to market and position the Marks as a leading luxury brand. They must not associate other trademarks or commercial symbols with services or properties that could be perceived as more luxurious than those offered under the Christies International Real Estate brand. Franchisees must use the Marks in conjunction with their own marks, as specified in Section 7 of Exhibit 1 of the License Agreement. Furthermore, they are restricted to selling only "luxury" real estate and must maintain an average selling price as designated by Christies International Real Estate, with the definition and calculation methods for "luxury real estate" prescribed by the IP Owner in the Trademark License Agreement. While franchisees can initially designate properties as "luxury real estate" based on their market conditions, Christies International Real Estate retains the right to require the removal of such designations.
Additional restrictions include not using the Marks as part of the franchisee's corporate, partnership, or limited liability company name. Franchisees are also prohibited from modifying the Marks' words, designs, symbols, or colors, whether alone or in combination with other elements, on any Internet URL address or domain name. The Marks cannot be used in connection with the sale of unauthorized products or services. Internet usage of the Marks is allowed only as specifically authorized in the License Agreement or the Operations Manual. Upon receiving written notice, franchisees must modify or cease using the Marks within 10 days and adopt any additional, modified, or substituted Marks at their own expense.
These trademark usage rules are typical in franchise systems. Franchisors need to protect their brand identity and ensure consistent representation across all franchise locations. The Christies International Real Estate FDD makes it clear that the franchisor has a strong interest in controlling how its trademarks are used, particularly given its focus on the luxury real estate market. Prospective franchisees should carefully review the License Agreement and Operations Manual to fully understand these obligations and the potential costs associated with compliance or changes to branding requirements.