Does a Counselor Realty franchisee have ownership of the marks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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;
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, franchisees do not have ownership of the brand's trademarks. The Marks are the exclusive property of Counselor Realty. Franchisees are only granted a qualified license to use the marks during the term of the franchise agreement.
This means that while franchisees can use the Counselor Realty trademarks to operate their business, they do not own the trademarks themselves. Counselor Realty retains all rights and ownership of the marks, and franchisees must adhere to the franchisor's standards for their use. This is a common arrangement in franchising, as it allows the franchisor to maintain control over its brand and ensure consistency across all franchise locations.
Upon termination or expiration of the franchise agreement, the franchisee's right to use the Counselor Realty marks immediately reverts back to the franchisor. The franchisee must then cease all use of the marks and any similar names or marks, including domain names. This underscores the importance of the franchise agreement, as the right to use the trademarks is contingent upon the franchisee's compliance with the agreement's terms and conditions.