Does Counselor Realty own symbols used in the System?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
Counselor owns a proprietary and distinctive system for a network of full service residential and commercial real estate brokerage service businesses (the "System"). The System is described in the Franchise Agreement and in Counselor's Franchise Policy Guidelines. A current Franchise Agreement is included in this Franchise Disclosure Document at Exhibit B. Counselor and its affiliates own various names, trademarks, stylized logos, slogans, and symbols (the "Marks") used in the System. See Item 13.
The franchise described in this Franchise Disclosure Document is a license to operate one "Counselor" business ("Business") at a single location you choose (and to which we consent) (the "Office") within the Territory, which provides residential and commercial real estate brokerage services to customers at any location. See Item 12. The Franchise Agreement authorizes you to use certain Marks in the operation of a Business.
Counselor may make changes in the System, Marks, authorized products and services. You may have to change the manner in which you operate the Business, and make additional investments in the franchised Business, periodically during the term of the franchise if Counselor makes changes, or if the Business's equipment or facilities wear out or become obsolete, or for other reasons.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENT, PREDECESSORS AND AFFILIATES (FDD pages 7–8)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, Counselor Realty and its affiliates own various symbols used in the System. The System is a proprietary and distinctive method for a network of full-service residential and commercial real estate brokerage service businesses. The Marks are various names, trademarks, stylized logos, and slogans.
As a franchisee, you are granted a license to operate a Counselor Realty business at a single location within a specific territory. This license authorizes you to use certain Marks in the operation of your Business. However, Counselor Realty retains the right to make changes to the System, Marks, and authorized products and services, which may require you to modify your business operations and make additional investments.
The Franchise Agreement and Counselor Realty's Franchise Policy Guidelines outline the proper usage of Counselor Realty's Marks. As a franchisee, you must adhere to these guidelines and any specifications provided by Counselor Realty. You are prohibited from using any of the Marks as part of your corporate, partnership, or trade name without Counselor Realty's explicit consent. Counselor Realty maintains sole discretion in addressing any unauthorized use or infringement of its Marks, including complete control over any related litigation or settlement. However, Counselor Realty is not obligated to protect your use of the licensed Marks or defend you against claims of infringement or unfair competition.