Are there any pending material litigation 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 currently effective material determinations by the Patent and Trademark Office, the Trademark Trial and Appeal Board, or any court. Additionally, there are no pending infringement, opposition, or cancellation proceedings, and no pending material litigation involving Counselor Realty's principal trademarks. The document also states that there are no agreements limiting Counselor Realty's right to use or license 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 indicates that Counselor Realty is not currently involved in any legal disputes regarding its trademarks, which is a positive sign for potential franchisees. It suggests that the company's trademarks are secure and that franchisees should be able to use them without fear of legal challenges.
However, Counselor Realty maintains control over any litigation or settlement related to infringement or unauthorized use of its marks and 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 against infringers, the franchisee may still face legal challenges and will not necessarily receive direct support from the franchisor in such cases. Franchisees must adhere to the guidelines for using Counselor Realty's marks as outlined in the Franchise Agreement and Franchise Policy Guidelines.