Can a Counselor Realty franchisee use any marks other than those designated by Counselor?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
knowledgments. This Agreement is subject to the following conditions:
(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;
(d) You shall not directly or indirectly sublicense, delegate or transfer any of the rights licensed by this Agreement except in accordance with Article 9;
(e) We and our affiliates may conduct various business activities, including residential and commercial real estate brokerage businesses; and
(f) You acknowledge that the System was developed by us at considerable expense and investment and that your operation of a "Counselor" franchise is possible only with our assistance and ongoing advisory services.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 25)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, franchisees must exclusively use the services and marks authorized by Counselor Realty. The marks are the exclusive property of Counselor Realty, and the franchisee only has a limited license to use them according to the franchise agreement. Counselor Realty can change the system and the marks periodically, and the franchisee is responsible for conforming to these changes at their own cost.
Specifically, franchisees cannot use any of Counselor Realty's marks as part of their corporate, partnership, or trade name without explicit consent from Counselor Realty. Franchisees are required to use Counselor Realty's marks only as outlined in the Franchise Agreement and Franchise Policy Guidelines, and as specified by Counselor Realty periodically.
Counselor Realty retains the sole discretion to take action against any unauthorized use or infringement of its marks, including control over any related litigation or settlements. However, Counselor Realty is not obligated to protect the franchisee's use of the licensed marks or defend against claims of infringement or unfair competition. Upon termination of the franchise agreement, the franchisee must immediately cease using the marks and system, including any confusingly similar names or marks, and remove any distinctive elements that resemble Counselor Realty's brand appearance.