What are the 'Marks' referring to in the Counselor Realty franchise agreement?
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.
- (a) We grant you a non-exclusive license to use the System and the Marks to operate one real estate brokerage business (the "Business") at a single site you select, and to which we consent (the "Office"), within the geographic territory designated in Exhibit A to this Franchise Agreement (the "Territory"). You must obtain Counselor's written consent prior to opening or operating any additional Office locations.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, the 'Marks' refer to the various Counselor Realty trademarks that identify the franchise system. Counselor Realty grants franchisees a non-exclusive license to use the System and the Marks to operate their real estate brokerage business.
The franchise agreement stipulates that the franchisee can only use authorized services and Marks. 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 can change the System and the Marks, and the franchisee must adapt to these changes at their own expense.
Upon termination or expiration of the franchise agreement, the franchisee must immediately stop using the Marks and System, including any materials displaying them or similar names, including domain names. The franchisee must also stop using any confidential items, methods, or techniques disclosed by Counselor Realty.