After termination or expiration of the Counselor Realty Franchise Agreement, is a franchisee required to eliminate any similarity in design to other Counselor Realty businesses?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
set forth in Sections 7.2(b) and (d).
12. TERMINATION CONSEQUENCES.
Upon termination or expiration of this Agreement, all rights licensed herein, and your interest herein, revert to Counselor automatically, and you must immediately:
- (a) stop using the Marks and System, any materials containing or depicting the Marks or System, and any other name or mark confusingly similar to the Marks, including domain names;
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, a franchisee is required to eliminate any similarity in design to other Counselor Realty businesses. Specifically, the franchisee must remove all distinctive inventory, trade dress, and leasehold improvements. This includes eliminating any similarity in design, structure, signage, trade dress, decor, color, or layout that could be associated with the distinctive appearance of other Counselor Realty businesses.
This requirement ensures that the franchisee's business no longer resembles a Counselor Realty franchise after the agreement ends. This protects Counselor Realty's brand and prevents confusion among customers. The franchisee is responsible for covering the costs associated with these changes.
In the event that Counselor Realty elects to have a franchisee close an Extension Office, the franchisee is also required to remove all distinctive inventory, trade dress, and leasehold improvements at such Extension Office to eliminate any similarity in design, structure, signage, trade dress, decor, color, or layout to the distinctive appearance of other Counselor Realty businesses.