Does the Counselor Realty Franchise Agreement authorize me to use certain Marks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
The franchise described in this Franchise Disclosure Document is a license to operate one "Counselor" business ("Business") at a single location you choose (and to which we consent) (the "Office") within the Territory, which provides residential and commercial real estate brokerage services to customers at any location. See Item 12. The Franchise Agreement authorizes you to use certain Marks in the operation of a Business.
Counselor may make changes in the System, Marks, authorized products and services. You may have to change the manner in which you operate the Business, and make additional investments in the franchised Business, periodically during the term of the franchise if Counselor makes changes, or if the Business's equipment or facilities wear out or become obsolete, or for other reasons.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENT, PREDECESSORS AND AFFILIATES (FDD pages 7–8)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, the Franchise Agreement does authorize franchisees to use certain Marks in the operation of their business. Counselor Realty and its affiliates own various names, trademarks, stylized logos, slogans, and symbols (the "Marks") used in their System. However, franchisees have no right, ownership, or other interest in or to any of the Marks except the qualified license to use them in strict conformity with the Franchise Agreement.
Counselor Realty may change the System and the Marks periodically, and franchisees must promptly conform their business to the revised requirements at their own cost. Franchisees must use Counselor Realty's Marks only in the manner set forth in the Franchise Agreement and Franchise Policy Guidelines, and as specified periodically by Counselor Realty. Franchisees may not use any of the Marks as part of a corporate, partnership, or trade name without Counselor Realty's consent.
Counselor Realty reserves sole discretion to determine what steps, if any, are to be taken in any instance of unauthorized use or infringement of any of its Marks and has complete control of any litigation or settlement in connection with any claim of an infringement, unfair competition or unauthorized use with respect to the Marks. Counselor Realty is not obligated to protect a franchisee's use of the licensed Marks or to protect them against claims of infringement or unfair competition. A franchisee's business may be identified only by the Marks designated by Counselor Realty.