Under what condition is a Counselor Realty franchisee allowed to use the marks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
knowledgments. This Agreement is subject to the following conditions:
(a) The Business shall offer and provide only the services, and be identified only by Marks, we authorize;
(b) The Marks are our exclusive and valuable property. You have no right, ownership or other interest in or to any of the Marks except the qualified license to use them in strict conformity with this Agreement;
(c) We may change the System and the Marks periodically, and when we do, you must promptly conform the Business to the revised requirements, at your cost;
(d) You shall not directly or indirectly sublicense, delegate or transfer any of the rights licensed by this Agreement except in accordance with Article 9;
(e) We and our affiliates may conduct various business activities, including residential and commercial real estate brokerage businesses; and
(f) You acknowledge that the System was developed by us at considerable expense and investment and that your operation of a "Counselor" franchise is possible only with our assistance and ongoing advisory services.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, a franchisee's right to use the Counselor Realty marks is subject to specific conditions and standards. The franchisee is granted a qualified license to use the marks, but this use must strictly conform to the franchise agreement. Counselor Realty retains the right to change the system and the marks periodically, and the franchisee is obligated to promptly update their business to comply with these revisions at their own expense.
The franchisee must offer and provide only the services authorized by Counselor Realty and identify the business solely by the approved marks. The franchisee cannot use the marks as part of their corporate or business name without Counselor Realty's explicit consent. All use of the marks must be in the precise manner, colors, and form prescribed by Counselor Realty, and only in association with authorized products and services.
Upon termination or expiration of the franchise agreement, the franchisee must immediately cease using the marks and the Counselor Realty system. This includes stopping the use of any materials that contain or depict the marks or system, as well as any similar names or marks, including domain names. These stipulations ensure that Counselor Realty maintains control over its brand and that franchisees adhere to consistent branding standards.