Are there any pending infringement proceedings involving Counselor Realty's principal trademarks?
Counselor_Realty Franchise · 2025 FDDAnswer 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.
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 infringement, opposition, or cancellation proceedings, nor any pending material litigation involving Counselor Realty's principal trademarks. Additionally, there are no agreements that limit Counselor Realty's right to use or license others to use their 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 statement provides assurance to potential franchisees that Counselor Realty's trademarks are not currently subject to any legal challenges that could impact their ability to operate under the brand. It also confirms that there are no known restrictions on Counselor Realty's ability to license its trademarks, which is essential for franchisees who rely on the brand's recognition and reputation.
However, Counselor Realty retains sole discretion to determine the steps to be taken in case of unauthorized use or infringement of its marks and has complete control over any related litigation or settlement. It is important to note that Counselor Realty is not obligated to protect a franchisee's use of the licensed marks or defend against claims of infringement or unfair competition. This means that while Counselor Realty owns the trademarks and will likely take action to protect them, the franchisee may bear some risk related to trademark protection in their specific territory.