Is the franchisee of Counselor Realty allowed to use the Marks in any form they choose?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) The Business shall offer and provide only the services, and be identified only by Marks, we authorize;
- (b) The Marks are our exclusive and valuable property. You 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 this Agreement;
- (c) We may change the System and the Marks periodically, and when we do, you must promptly conform the Business to the revised requirements, at your cost;
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, franchisees are not allowed to use the Marks in any form they choose. The agreement specifies that the Marks are Counselor Realty's exclusive property, and franchisees only have a limited license to use them.
The Franchise Agreement states that franchisees must reproduce and use the Marks only in the precise manner, colors, and form prescribed by Counselor Realty, and only in association with authorized products and services. Franchisees cannot use the Marks as part of their corporate or business name without Counselor Realty's consent. All goodwill associated with the Marks belongs to Counselor Realty, and franchisees cannot contest their ownership or registration of the Marks.
Counselor Realty retains the right to change the System and the Marks periodically, and franchisees are responsible for conforming their business to these revisions at their own cost. Upon termination or expiration of the Franchise Agreement, the franchisee must immediately stop using the Marks and any confusingly similar names or marks, including domain names. These restrictions are typical in franchising, as consistent brand representation is crucial for maintaining brand recognition and customer trust.