Upon termination of the Counselor Realty franchise, what must the franchisee stop using?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon termination or expiration of this Agreement, all rights licensed herein, and your interest herein, revert to Counselor automatically, and you must immediately:
- (a) stop using the Marks and System, any materials containing or depicting the Marks or System, and any other name or mark confusingly similar to the Marks, including domain names;
- (b) pay all sums due to Counselor or its affiliates or which we have guaranteed;
- (c) return the Franchise Policy Guidelines and all other confidential or trade secret information to us, and stop using distinctive, proprietary or confidential items, methods or other techniques, systems or know-how we disclosed to you. Counselor or its affiliate may access and remove any confidential or proprietary information and materials, either at the Office (including any Additional Office and Extension Office) or remotely by electronic means ; and
- (d) remove all distinctive inventory, trade dress, and leasehold improvements to eliminate any similarity in design, structure, signage, trade dress, decor, color or layout to the distinctive appearance of other Counselor businesses.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee must immediately stop using the Marks and System. This includes any materials containing or depicting the Marks or System, and any other name or mark confusingly similar to the Marks, including domain names. This obligation is a standard practice in franchising, ensuring that the franchisee no longer benefits from the franchisor's brand recognition and intellectual property after the agreement ends.
In practical terms, this means a former Counselor Realty franchisee must remove all Counselor Realty signage, branding, and marketing materials from their business location and online presence. They can no longer operate under the Counselor Realty name or use any of the company's proprietary systems or methods. This is to prevent confusion among customers and to protect the integrity of the Counselor Realty brand.
Additionally, the franchisee must return the Franchise Policy Guidelines and all other confidential or trade secret information to Counselor Realty. They must also stop using any distinctive, proprietary, or confidential items, methods, or other techniques, systems, or know-how disclosed to them during the franchise term. Counselor Realty or its affiliate has the right to access and remove any confidential or proprietary information and materials, either at the Office (including any Additional Office and Extension Office) or remotely by electronic means.
Finally, the franchisee is required to remove all distinctive inventory, trade dress, and leasehold improvements to eliminate any similarity in design, structure, signage, trade dress, decor, color, or layout to the distinctive appearance of other Counselor Realty businesses. This ensures that the former franchisee's business does not continue to resemble a Counselor Realty franchise, further protecting the brand's identity and preventing potential customer confusion.