Can an Engel & Volkers franchisee register a mark confusingly similar to any Engel & Volkers trademark?
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 Engel & Volkers' 2025 Franchise Disclosure Document, a franchisee is explicitly prohibited from registering any trademark or name that could be confused with Engel & Volkers' existing trademarks. This restriction is in place to protect the brand's identity and prevent any potential consumer confusion. The franchisee's permitted use of Engel & Volkers' trademarks is strictly governed by the franchise agreement and system documentation.
Specifically, the franchisee cannot use or apply for registration of any mark or name that is confusingly similar to Engel & Volkers' trademarks. They also cannot use or register any mark or name that incorporates, in whole or in part, any Engel & Volkers trademark. Furthermore, franchisees are prohibited from using the trademarks in the metaverse, as Engel & Volkers retains all rights related to the use of its system and trademarks in that digital realm.
Engel & Volkers also restricts the use of specific names in a franchisee's legal company name. Without prior written permission from Engel & Volkers, a franchisee cannot use names such as ENGEL & VÖLKERS®, ENGEL & VOLKERS, ENGEL & VOELKERS, E&V®, ENGEL AND VÖLKERS, ENGEL AND VOELKERS, ENGEL VOELKERS, EV, EV REAL ESTATE, or E&V REAL ESTATE, or any other confusingly similar name as part of its company's legal name. This ensures a clear distinction between the franchisee's business and the Engel & Volkers brand, preventing any potential misrepresentation or consumer confusion.