Are there any pending opposition 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.
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 pending infringement, opposition, or cancellation proceedings involving Counselor Realty'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, and no pending material litigation involving Counselor Realty's principal trademarks. Additionally, no agreements limit Counselor Realty's right to use or license others to use Counselor Realty's 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's trademarks are not currently subject to any legal challenges that could impact a franchisee's ability to use them. However, Counselor Realty 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 Realty is not obligated to protect your use of the licensed Marks or to protect you against claims of infringement or unfair competition.
It is important for a prospective franchisee to understand that while Counselor Realty grants the right to operate the Business under the Marks, Counselor Realty reserves the right to change or discontinue any program or promotion relating to any of its trademarks, and periodically to add, alter or delete trademarks from the list of Marks licensed to you. This means that the specific trademarks a franchisee uses may change over time. The trademarks that Counselor Realty holds or has applied for registration include COUNSELOR (registered September 5, 2000), PROFIT FROM OUR EXPERIENCE (registered October 23, 2001), and COUNSELOR REALTY (registered April 25, 2023).