Does Counselor Realty own 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.
The franchise described in this Franchise Disclosure Document is a license to operate one "Counselor" business ("Business") at a single location you choose (and to which we consent) (the "Office") within the Territory, which provides residential and commercial real estate brokerage services to customers at any location. See Item 12. The Franchise Agreement authorizes you to use certain Marks in the operation of a Business.
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 System. These trademarks include names, stylized logos, slogans and symbols, which are collectively referred to as the "Marks".
The Franchise Agreement grants franchisees a license to operate a Counselor Realty business and to use specific Marks within their designated territory. However, franchisees must adhere to the guidelines set forth in the Franchise Agreement and Franchise Policy Guidelines regarding the use of these Marks. Franchisees cannot use any of the Marks as part of a corporate, partnership, or trade name without Counselor Realty's explicit consent.
Counselor Realty retains the sole discretion to take action against any unauthorized use or infringement of its Marks, including initiating litigation or settlements. However, 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 franchisees are licensed to use the Marks, the responsibility for defending against any legal challenges related to their use ultimately rests with the franchisee.