Is the Engel & Volkers franchisee allowed to use marks confusingly similar to the trademarks?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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. Franchisee shall use the trademark ENGEL & VÖLKERS® and other Trademarks solely in accordance with the provisions of this Agreement and System Documentation and shall not use or apply for the registration of any mark or names confusingly similar to any Trademark, or use or apply for the registration of any mark or name that incorporates in whole or in part any Trademark, or, use or cause such marks or names to be registered that would prejudice the rights attaching to any Trademark in any other way whatsoever.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to the 2025 Engel & Volkers Franchise Disclosure Document, franchisees are explicitly prohibited from using or registering any marks or names that could be confused with Engel & Volkers' trademarks. This restriction extends to marks that incorporate the Engel & Volkers trademark, either partially or entirely. The aim is to protect the brand's intellectual property and prevent any potential consumer confusion.
Engel & Volkers franchisees are also restricted from using specific variations of the brand name, such as ENGEL & VOLKERS, ENGEL & VOELKERS, E&V, ENGEL AND VÖLKERS, ENGEL AND VOELKERS, ENGEL VOELKERS, EV, EV REAL ESTATE, and E&V REAL ESTATE, or any other confusingly similar name as part of its company's legal name without express written permission from Engel & Volkers.
Upon termination or expiration of the franchise agreement, franchisees must immediately cease using the Engel & Volkers system, including the trademarks. They must also remove the Engel & Volkers name from their business name, if applicable, and cancel any assumed name registrations that pertain to the Engel & Volkers name or any other trademark of Engel & Volkers. This ensures a clean break and prevents any continued association with the brand after the franchise relationship ends.