What section of the Counselor Realty Franchise Agreement outlines trademark standards?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
4. TRADEMARK STANDARDS.
- 4.1 Name. You may not use the Marks as part of your corporate or business name without our consent. Your use of the Marks inures to our benefit. We own all goodwill now or hereafter associated with each of the Marks. You will not contest our ownership or registration of the Marks.
- 4.2 Usage. You must reproduce and use the Marks only in the precise manner, colors and form we prescribe, and only in association with products and services we authorize.
- 4.3 Franchisor Profits. Counselor also reserves the right to receive fees periodically for rights licensed or services provided to others.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, the trademark standards are outlined in Section 4 of the Franchise Agreement. This section covers critical aspects of how a franchisee can and cannot use the Counselor Realty trademarks (the "Marks").
Specifically, Section 4.1 states that a franchisee cannot use the Marks as part of their corporate or business name without Counselor Realty's explicit consent. It also clarifies that all benefits from the use of the Marks accrue to Counselor Realty, and the franchisee cannot contest Counselor Realty's ownership or registration of the Marks. This reinforces that the franchisee's right to use the trademarks is a licensed privilege, not an ownership stake.
Section 4.2 mandates that franchisees must reproduce and use the Marks only in the precise manner, colors, and form prescribed by Counselor Realty. This ensures brand consistency across all franchise locations. Furthermore, the Marks can only be used in association with products and services that Counselor Realty authorizes. Finally, Section 4.3 states that Counselor Realty reserves the right to receive fees periodically for rights licensed or services provided to others.