How must a franchisee use Counselor Realty's Marks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use Counselor's Marks only in the manner set forth in the Franchise Agreement and Franchise Policy Guidelines, and as specified periodically by Counselor. You may not use any of the Marks as part of a corporate, partnership or trade name without our consent.
Counselor 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 is not obligated to protect your use of the licensed Marks or to protect you against claims of infringement or unfair competition.
Source: Item 13 — TRADEMARKS (FDD pages 23–24)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines when using the company's trademarks. The FDD states that franchisees can only use Counselor Realty's Marks in the manner outlined in the Franchise Agreement and Franchise Policy Guidelines, and as specified periodically by Counselor Realty. This means that franchisees do not have complete freedom in how they represent the brand and must follow the franchisor's rules.
Furthermore, franchisees are prohibited from using any of Counselor Realty's Marks as part of a corporate, partnership, or trade name without explicit consent from Counselor Realty. This restriction ensures that the brand's identity remains consistent and prevents franchisees from creating potentially confusing or dilutive names.
Counselor Realty retains sole discretion in addressing any unauthorized use or infringement of its Marks, including control over any related litigation or settlements. While franchisees are granted the right to operate under the Marks, Counselor Realty is not obligated to actively protect the franchisee's use of the Marks or defend against claims of infringement or unfair competition. This places the responsibility on the franchisee to ensure their usage complies with trademark laws and guidelines.