What rights does Counselor Realty grant to franchisees regarding the use of its trademarks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
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.
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.
| MARK | REGISTRATION OR SERIAL NUMBER | REGISTRATION DATE |
|---|---|---|
| COUNSELOR | 2,382,935 | September 5, 2000 |
| PROFIT FROM OUR | 2,500,275 | October 23, 2001 |
| EXPERIENCE | ||
| COUNSELOR REALTY | 7,034,376 | April 25, 2023 |
Source: Item 13 — TRADEMARKS (FDD pages 23–24)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, franchisees are granted the right to operate their business under the company's marks. However, Counselor Realty retains the authority to modify or discontinue any programs or promotions linked to its trademarks. They can also add, alter, or remove trademarks from the list licensed to franchisees.
The franchisee's use of Counselor Realty's marks must adhere to the guidelines outlined in the Franchise Agreement and Franchise Policy Guidelines, as periodically specified by Counselor Realty. Franchisees are prohibited from using any of the marks as part of a corporate, partnership, or trade name without explicit consent from Counselor Realty.
Counselor Realty maintains sole discretion over actions taken in response to unauthorized use or infringement of its marks, including complete control over any related litigation or settlements. While franchisees are granted the right to use the trademarks, Counselor Realty is not obligated to actively protect the franchisee's use of these marks or defend against claims of infringement or unfair competition.
The trademarks held or applied for by Counselor Holding include COUNSELOR (registered September 5, 2000), PROFIT FROM OUR EXPERIENCE (registered October 23, 2001), and COUNSELOR REALTY (registered April 25, 2023).