Does Counselor Realty own all goodwill associated with its Marks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not use the Marks as part of your corporate or business name without our consent. Your use of the Marks inures to our benefit. We own all goodwill now or hereafter associated with each of the Marks. You will not contest our ownership or registration of the Marks.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, Counselor Realty asserts ownership of all goodwill associated with its trademarks. The franchise agreement stipulates that a franchisee's use of Counselor Realty's marks benefits Counselor Realty.
This means that while franchisees are granted a license to use the Counselor Realty marks, they do not gain any ownership or equity in the marks themselves or the goodwill associated with them. The goodwill generated through the franchisee's efforts, which increases the value and reputation of the brand, ultimately accrues to Counselor Realty.
This is a standard practice in franchising, as it ensures the franchisor maintains control over its brand and protects its intellectual property. Upon termination or expiration of the franchise agreement, the franchisee must cease using the marks, further emphasizing Counselor Realty's exclusive ownership of the brand and its associated goodwill.