What marks is a Counselor Realty business authorized to use?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
COUNSELOR offers franchises for a full service residential and/or commercial real estate brokerage service business, operating in accordance with a distinctive and proprietary system established by COUNSELOR (the "System") and identified by various COUNSELOR trademarks (the "Marks"). Franchisee wishes to establish and operate a business using the System.
In consideration of the foregoing and the undertakings herein, the parties agree:
1. FRANCHISE.
1.1 Grant.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to the 2025 Counselor Realty FDD, a franchisee is authorized to use specific marks that Counselor Realty authorizes. The franchise agreement specifies that the franchisee can only use the marks to identify their business and offer services that Counselor Realty has approved. These 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 retains the right to change the system and the marks periodically. If changes occur, the franchisee is responsible for updating their business to comply with the revised requirements at their own expense. The franchisee cannot sublicense, delegate, or transfer any rights related to the marks, except as outlined in the franchise agreement.
Upon termination or expiration of the franchise agreement, the franchisee must immediately stop using the marks and the system. This includes any materials that display the marks, as well as any names or marks that are confusingly similar, including domain names. The franchisee must also remove any distinctive inventory, trade dress, and leasehold improvements to ensure that the business does not resemble other Counselor Realty businesses.