Can an Engel & Volkers franchisee use the trademarks in advertisements?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
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.
Franchisee shall also not use the Trademarks in the metaverse, and Franchisor reserves, maintains, and controls all right with respect to the use of the System and the Trademarks in the metaverse.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, franchisees are granted a non-exclusive franchise to use the trademarks for operating their residential real estate brokerage. This includes using the trademarks in advertisements, subject to compliance with Engel & Volkers' standards and the system documentation.
However, Engel & Volkers franchisees must use only the design formats for advertising and displays provided by the company. Franchisees must also obtain prior written consent from Engel & Volkers for each advertising and/or sales promotion campaign design format unless it does not deviate from those previously practiced or recommended by Engel & Volkers and/or does not deviate from those outlined in the System Documentation. Franchisees are not permitted to use any unauthorized text, copy, photography, images, sound, and/or video to promote its services and/or listings.
Engel & Volkers also sets requirements and restrictions on advertising, promotion and other activities that it determines negatively impacts other franchisees or that is specifically targeted or directed towards the protected areas of other franchisees. Franchisees must comply with all such requirements and restrictions.
Upon termination of the Franchise Agreement, the franchisee must immediately cease using the Engel & Volkers System, including the trademarks, and remove all advertising materials and visual features associated with Engel & Volkers offices.