Does Counselor Realty have the right to specify how franchisees use the marks periodically?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use Counselor's Marks only in the manner set forth in the Franchise Agreement and Franchise Policy Guidelines, and as specified periodically by Counselor. You may not use any of the Marks as part of a corporate, partnership or trade name without our consent.
Counselor reserves sole discretion to determine what steps, if any, are to be taken in any instance of unauthorized use or infringement of any of its Marks and has complete control of any litigation or settlement in connection with any claim of an infringement, unfair competition or unauthorized use with respect to the Marks. Counselor is not obligated to protect your use of the licensed Marks or to protect you against claims of infringement or unfair competition.
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 specify how franchisees use their marks periodically. The Franchise Agreement and Franchise Policy Guidelines outline the specific ways a franchisee must use Counselor Realty's marks. A franchisee cannot use any of the marks as part of a corporate, partnership, or trade name without Counselor Realty's explicit consent.
Counselor Realty also reserves the right to modify its trademarks. This includes the ability to change or discontinue any program or promotion related to its trademarks. They can also add, alter, or delete trademarks from the list of marks licensed to the franchisee.
Counselor Realty maintains sole discretion over any action taken against unauthorized use or infringement of its marks, including complete control over any related litigation or settlement. However, Counselor Realty is not obligated to protect the franchisee's use of the licensed marks or defend against claims of infringement or unfair competition. This means that while Counselor Realty controls the trademarks, the franchisee may bear some risk related to their use.