factual

Does Engel & Volkers have exclusive rights to use the ENGEL & VÖLKERS® trademark in the United States?

Engel_Volkers Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 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.

Source: Item 22 — CONTRACTS (FDD page 88)

What This Means (2025 FDD)

According to the 2025 Engel & Volkers Franchise Disclosure Document, Engel & Volkers does not have exclusive rights to use the ENGEL & VÖLKERS® trademark in the United States. Instead, Engel & Volkers has a non-exclusive right and license to use the ENGEL & VÖLKERS® trademark and other trademarks in the United States. This right 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 can use the trademark for its real estate brokerage and can allow its franchisees to use it as well. However, it also implies that other parties might also have the right to use the same trademark in the United States, potentially in different industries or capacities. This is a critical point for prospective franchisees to understand, as it clarifies that Engel & Volkers's trademark rights are not absolute and are subject to certain limitations.

Furthermore, the franchisee is granted a non-exclusive franchise to use the trademarks listed in Section 4.1 for operating their Residential Real Estate Brokerage. The franchisee's use of the ENGEL & VÖLKERS® trademark and other trademarks must comply with the franchise agreement and system documentation. The franchisee cannot register any confusingly similar marks or names that could prejudice the rights associated with the trademark. Engel & Volkers also reserves all rights not specifically granted to the franchisee, including the right to franchise the ENGEL & VÖLKERS system and trademarks.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.