Can an Engel & Volkers franchisee use the trademarks in their correspondence?
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.
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's 2025 Franchise Disclosure Document, franchisees are granted a non-exclusive franchise to use the trademarks for operating their residential real estate brokerage. This means an Engel & Volkers franchisee can use the trademarks in their correspondence. This includes business documents, letterheads, and business cards.
However, this use is subject to Engel & Volkers's standards and System Documentation. The franchisee must use the ENGEL & VÖLKERS® trademark and other trademarks according to the agreement and System Documentation. They cannot register marks or names confusingly similar to the trademarks. Engel & Volkers also prohibits the use of trademarks in the metaverse.
Engel & Volkers requires that franchisees adhere to specific design formats for advertising and displays. Franchisees must obtain prior written consent for advertising and sales promotion campaign designs unless they align with previously approved formats or the System Documentation. This ensures standardization within the Engel & Volkers system and protects the brand's image.
Upon termination or expiration of the franchise agreement, the franchisee must immediately cease using the Engel & Volkers system, including the trademarks. They must also remove the Engel & Volkers name from their business name and cancel any related registrations. This obligation ensures a clean break and prevents continued unauthorized use of the brand's trademarks.