Does Counselor Realty own various names 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.
Counselor may make changes in the System, Marks, authorized products and services. You may have to change the manner in which you operate the Business, and make additional investments in the franchised Business, periodically during the term of the franchise if Counselor makes changes, or if the Business's equipment or facilities wear out or become obsolete, or for other reasons.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENT, PREDECESSORS AND AFFILIATES (FDD pages 7–8)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, Counselor Realty and its affiliates own the various names used in the System. These include trademarks, stylized logos, slogans and symbols, which are collectively referred to as the "Marks". The franchise agreement authorizes franchisees to use certain Marks in the operation of their Counselor Realty business. Item 13 of the FDD provides additional information regarding trademarks.
Counselor Realty retains the right to modify the System, Marks, and authorized products and services. As a result, franchisees may need to adapt their business operations and make additional investments during the franchise term to stay aligned with Counselor Realty's evolving standards. Franchisees must use Counselor Realty's Marks only as specified in the Franchise Agreement and Franchise Policy Guidelines.
Counselor Realty maintains sole discretion in addressing unauthorized use or infringement of its Marks, including control over any related 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 ultimate responsibility for protecting those Marks rests with Counselor Realty, and franchisees may have limited recourse if infringement occurs.