Does Counselor Realty reserve the right to alter or delete trademarks licensed to franchisees?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
Counselor grants you the right to operate the Business under the Marks. Counselor reserves the right to change or discontinue any program or promotion relating to any of its trademarks, and periodically to add, alter or delete trademarks from the list of Marks licensed to you.
Counselor Holding holds or has applied for registration of the following Marks on the principal register in the United States Patent and Trademark Office:
Source: Item 13 — TRADEMARKS (FDD pages 23–24)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, Counselor Realty retains the right to modify its trademarks. Specifically, Counselor Realty reserves the right to change or discontinue any program or promotion relating to any of its trademarks. Furthermore, Counselor Realty can periodically add, alter, or delete trademarks from the list of marks licensed to franchisees.
This means that a Counselor Realty franchisee's rights to use specific trademarks are not guaranteed for the entire duration of the franchise agreement. Counselor Realty has the power to change the branding elements that franchisees are authorized to use. This could involve removing a previously approved trademark, adding new ones, or altering existing marks.
For a prospective franchisee, this underscores the importance of staying updated with Counselor Realty's branding guidelines and any changes to the approved trademarks. While Counselor Realty maintains control over its trademarks, franchisees must adhere to the current standards to remain in compliance with the franchise agreement. It is also important to note that Counselor Realty is not obligated to protect a franchisee's use of licensed marks or protect them against claims of infringement or unfair competition.