Is the Engel & Volkers franchisee required to comply with the System Documentation when using trademarks?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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, franchisees must adhere to the standards stipulated by Engel & Volkers and outlined in the System Documentation when using the trademarks. The franchisee's right to use the trademarks is specifically for operating their Residential Real Estate Brokerage under the Franchise Agreement. This use extends to correspondence and advertisements but is always subject to the franchisor's standards and the System Documentation.
Engel & Volkers franchisees cannot use trademarks in any way that is not in accordance with the agreement and System Documentation. They are prohibited from registering marks or names that are confusingly similar to Engel & Volkers' trademarks. The franchisee also cannot use the trademarks in the metaverse, as Engel & Volkers retains all rights related to the use of the system and trademarks in that domain.
This requirement ensures brand consistency and quality control across all Engel & Volkers franchises. It protects the brand's reputation and prevents franchisees from misusing or diluting the trademarks. Franchisees must stay updated with the latest version of the System Documentation, as it may be modified by Engel & Volkers at any time. This includes ensuring that all personnel, including Sales Advisors, understand that their use of the trademarks is contingent upon the franchisee's license and compliance with the System Documentation.