Does Engel & Volkers have the exclusive right to use the ENGEL & VÖLKERS® trademark in the United States?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
tradenames, logos, or other marks that are currently or in the future may be encompassed in the definition of "Trademarks" are modified or discontinued Franchisee's rights to use such Trademarks, or any other rights to such Trademarks shall cease upon Franchisor's notice to Franchisee of the discontinuance or modification, and such trademarks, service marks, tradenames, logos, or other marks will no longer be encompassed in the definition of "Trademarks" under this Agreement with respect to Franchisee's rights thereto.
- 4.2 Extent of Franchisor's Rights: Franchisor has the non-exclusive right and license to use the Trademark ENGEL & VÖLKERS® and other Trademarks in the United States solely for the purpose of operating its own Residential Real Estate Brokerage and granting third parties the right to use the Trademarks to operate a Residential Real Estate Brokerage.
- 4.3 Franchisee's Rights: Franchisee is hereby granted a non-exclusive franchise for the Term to use the Trademarks listed in Section 4.1 solely for the purpose of operating its Residential Real Estate Brokerage under this Agreement. Franchisee may use the Trademarks in connection with the publication of its activity under this Agreement in its correspondence (including its business documents, letterheads, listing presentations, business cards, etc.) and also in advertisements, subject to compliance with the standards stipulated by Franchisor and in the System Documentation.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, Engel & Volkers Marken GmbH & Co. KG (E&V Marken) owns the ENGEL & VÖLKERS® trademark. Engel & Volkers, as the franchisor, possesses a non-exclusive right and license to use the ENGEL & VÖLKERS® trademark in the United States. This license is specifically for operating its own Residential Real Estate Brokerage and granting third parties the right to use the Trademarks to operate a Residential Real Estate Brokerage.
This non-exclusive right means that Engel & Volkers does not have sole control over the trademark's use in the U.S. Other entities might also be authorized to use the trademark, which could include E&V Marken directly or other licensees. For a prospective franchisee, this implies that Engel & Volkers cannot guarantee complete exclusivity in the use of the trademark within the United States.
Engel & Volkers also reserves all rights not specifically granted to the franchisee, including the right to use or franchise the ENGEL & VÖLKERS System or Trademarks. This reservation allows Engel & Volkers to engage in or franchise any business activity, such as operating or franchising a real estate brokerage under the Trademarks outside the franchisee's protected area. Franchisees are granted a non-exclusive franchise to use the Trademarks for operating their Residential Real Estate Brokerage, and they must adhere to the standards stipulated by Engel & Volkers. Franchisees cannot use or register marks confusingly similar to the Trademarks.