Are there any agreements that limit Counselor Realty's right to use or license its marks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
ng.
There is no currently effective material determination of the Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, no pending infringement, opposition or cancellation proceedings, and no pending material litigation involving Counselor's principal trademarks. No agreements limit Counselor's right to use or license others to use Counselor's Marks in any manner relevant to this offering. Counselor knows of no superior prior rights or infringing uses that could materially affect your use of the Marks.
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.
14. PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Counselor does not grant you the right to use any item covered by a patent or copyright, but does permit you to use proprietary information in applicable components of the Franchise Policy Guidelines. Although Counselor has not applied for federal copyright registration of the Franchise Policy Guidelines or its individual components, the information in the entire Franchise Policy Guidelines is proprietary and Counselor owns the copyright in the entire Franchise Policy Guidelines, and in various advertising and sales promotion materials, and customer convenience and other materials, used in connection with your Office.
15.
Source: Item 13 — TRADEMARKS (FDD pages 23–24)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, there are no agreements that limit Counselor Realty's right to use or license its marks in any manner relevant to the franchise offering. Counselor Holding licenses Counselor Realty indefinitely to operate and offer franchises under the "Counselor" name and marks. Either party can terminate the license with 60 days' notice; however, if terminated, all franchise agreements will remain in effect and be assigned to Counselor Holding.
Counselor Realty must use the marks only as outlined in the Franchise Agreement and Franchise Policy Guidelines, and as specified by Counselor Realty. Franchisees cannot use any of the marks as part of a corporate, partnership, or trade name without consent. Counselor Realty retains sole discretion over actions regarding unauthorized use or infringement of its marks and controls any related litigation or settlement.
Counselor Realty is not obligated to protect a franchisee's use of the licensed marks or protect them against claims of infringement or unfair competition. Counselor Realty can also change or discontinue any program or promotion relating to its trademarks and periodically add, alter, or delete trademarks from the list of marks licensed to the franchisee. Counselor Holding holds or has applied for registration of several marks, including COUNSELOR (Registration Number 2,382,935, registered September 5, 2000), PROFIT FROM OUR EXPERIENCE (Registration Number 2,500,275, registered October 23, 2001), and COUNSELOR REALTY (Registration Number 7,034,376, registered April 25, 2023).
This means that as a Counselor Realty franchisee, you are granted the right to use the Counselor Realty marks to operate your business, but this right is subject to Counselor Realty's control and guidelines. While there are no current agreements limiting Counselor Realty's right to license its marks, Counselor Realty has the right to modify the marks you are allowed to use during the term of your franchise agreement. You also bear the risk of potential infringement claims, as Counselor Realty is not obligated to protect you against such claims.