Does Counselor Realty own the trademarks used in the System?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
Counselor owns a proprietary and distinctive system for a network of full service residential and commercial real estate brokerage service businesses (the "System"). The System is described in the Franchise Agreement and in Counselor's Franchise Policy Guidelines. A current Franchise Agreement is included in this Franchise Disclosure Document at Exhibit B. Counselor and its affiliates own various names, trademarks, stylized logos, slogans, and symbols (the "Marks") used in the System. See Item 13.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENT, PREDECESSORS AND AFFILIATES (FDD pages 7–8)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, Counselor Realty and its affiliates own the trademarks used in the Counselor Realty system. Specifically, Counselor Realty and its affiliates own various names, trademarks, stylized logos, slogans, and symbols, which are collectively referred to as the "Marks" used within the system.
This ownership is significant for prospective franchisees because it means they are granted a license to use these trademarks as part of their franchise agreement, but they do not own them. The franchisee's use of the trademarks must adhere to the guidelines set forth in the Franchise Agreement and Franchise Policy Guidelines, and Counselor Realty retains the right to control how the marks are used.
Counselor Realty also reserves the right to take action against any unauthorized use or infringement of its trademarks, and franchisees are obligated to use the marks only in the manner specified by Counselor Realty. The FDD states that franchisees cannot use any of the Marks as part of a corporate, partnership or trade name without Counselor Realty's consent. This ensures brand consistency and protects the value of the trademarks for the entire Counselor Realty franchise system.