factual

What is included in the definition of 'Marks' that a terminated Counselor Realty franchisee must stop using?

Counselor_Realty Franchise · 2025 FDD

Answer from 2025 FDD Document

Upon termination or expiration of this Agreement, all rights licensed herein, and your interest herein, revert to Counselor automatically, and you must immediately:

  • (a) stop using the Marks and System, any materials containing or depicting the Marks or System, and any other name or mark confusingly similar to the Marks, including domain names;

Source: Item 22 — CONTRACTS (FDD page 32)

What This Means (2025 FDD)

According to the 2025 Counselor Realty Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee must cease using the Marks and System. This includes any materials containing or depicting the Marks or System, as well as any other name or mark that is confusingly similar to the Marks, including domain names. This obligation ensures that the franchisee no longer represents themselves as part of the Counselor Realty brand after the agreement ends.

This requirement is standard in franchising to protect the franchisor's brand identity and prevent confusion in the marketplace. By mandating the removal of all branding and trademarks, Counselor Realty ensures that consumers can clearly distinguish between active franchisees and former operators. This helps maintain the integrity and reputation of the Counselor Realty brand.

For a prospective Counselor Realty franchisee, this means understanding that the right to use the brand's trademarks and system is contingent upon maintaining a valid franchise agreement. If the agreement is terminated, the franchisee loses all rights to operate under the Counselor Realty name and must take immediate steps to remove all branding from their business. This includes physical signage, marketing materials, and online presence.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.