What does the Engel & Volkers FDD say about the legal benefits of the unregistered new logo trademark?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
By not having a federal registration for the new logo or the new house, that trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use that trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — TRADEMARKS (FDD pages 56–59)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, the unregistered new logo trademark does not have many legal benefits and rights as a federally registered trademark. Engel & Volkers implemented a brand refinement and updated the look of certain logos and designs and uses a slightly modified design for the new logo. The company also has the right to use the unregistered mark of the house pictured on the cover page of the disclosure document.
If Engel & Volkers' right to use that unregistered trademark is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses. Engel & Volkers grants franchisees the non-exclusive right to use the service marks ENGEL & VÖLKERS®, E&V®, GG® and GG GLOBAL GUIDE® and other trademarks, including the unregistered mark of the new ENGEL & VÖLKERS logo pictured on the cover page of the disclosure document, in the operation of the franchised business during the term of the Franchise Agreement.
Engel & Volkers states that franchisees may also use other current or future trademarks they own or are licensed to use to operate their franchised business as permitted by the System Documentation. By "Trademarks" Engel & Volkers means various Engel & Völkers trade names, trademarks, service marks, logotypes, trade dress and other commercial symbols and slogans used to identify the franchised business, and the GG and GG GLOBAL GUIDE marks. Engel & Volkers also states that a franchisee will not acquire any proprietary rights in the Trademarks by virtue of the franchise granted in the Franchise Agreement or otherwise. All goodwill established by a franchisee's use of the Trademarks, inures to the sole and exclusive benefit of E&V Marken or Grund Genug Verlag.
This means that while franchisees are permitted to use the unregistered logo, they do so with the understanding that it lacks the full legal protection of a registered trademark. This could potentially lead to increased costs if a change is required due to legal challenges. Prospective franchisees should carefully consider this aspect and discuss with Engel & Volkers how they handle trademark protection and potential disputes.