factual

Are there any pending cancellation proceedings involving Counselor Realty's principal trademarks?

Counselor_Realty Franchise · 2025 FDD

Answer from 2025 FDD Document

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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.

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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 pending cancellation proceedings involving the company's principal trademarks. The FDD states that 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 Realty's principal trademarks. Furthermore, no agreements limit Counselor Realty's right to use or license others to use its marks in any manner relevant to the franchise offering. Counselor Realty is also unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the marks.

This assurance is important for prospective franchisees because it confirms that Counselor Realty's trademarks are secure and legally protected. Franchisees can be confident that they have the right to use the trademarks to operate their businesses without facing legal challenges or restrictions. This protection is essential for building brand recognition and goodwill in their local markets.

However, the FDD also clarifies that Counselor Realty reserves the sole discretion to determine what steps, if any, are to be taken in any instance of unauthorized use or infringement of its marks. The company has complete control of any litigation or settlement in connection with any claim of infringement, unfair competition, or unauthorized use with respect to the marks. Counselor Realty is not obligated to protect a franchisee's use of the licensed marks or to protect them against claims of infringement or unfair competition. This means that while Counselor Realty owns and protects its trademarks, franchisees may need to bear some responsibility for defending their use of the marks in their specific territories.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.