Can an Engel & Volkers franchisee use the trademarks after the termination of the Franchise Agreement?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
names to be registered or prejudice the rights attaching to those Trademarks in any other way. Detailed instructions for the use of the Trademarks can be found in the System Documentation.
You cannot use the names ENGEL & VÖLKERS, ENGEL & VOELKERS, ENGEL AND VÖLKERS, ENGEL AND VOELKERS, ENGEL VOELKERS, E&V or EV or any other confusingly similar names as part of your company's business (legal) name without our prior written permission. You must identify your company as the independent owner of your franchised business, give notices of trademark and service mark registrations in the manner we specify, and obtain the fictitious or assumed name registrations that may be required under applicable law or as may be required by us to distinguish your company from us. If you receive permission to use the Trademarks in your legal name, you must immediately remove those Trademarks from your business name upon termination or expiration of your Franchise Agreement. You must terminate any fictitious or assumed name registration promptly on termination or expiration of your Franchise Agreement.
We have been granted an exclusive license regarding the use of the Engel & Völkers System and the Trademarks in the U.S. by U.S. Holding GmbH pursuant to our General Licensing Agreement. U.S. Holding GmbH has been granted an equivalent master license by E&V Residential pursuant to another separate license agreement which is basically identical with the one entered into between us and U.S. Holding GmbH.
You will not acquire any proprietary rights in the Trademarks by virtue of the franchise we granted to you in your Franchise Agreement or otherwise. All goodwill established by your use of the Trademarks, inures to the sole and exclusive benefit of E&V Marken or Grund Genug Verlag.
Source: Item 13 — TRADEMARKS (FDD pages 56–59)
What This Means (2025 FDD)
According to the 2025 Engel & Volkers Franchise Disclosure Document, franchisees are not allowed to use the Engel & Volkers trademarks after the termination or expiration of the Franchise Agreement. Specifically, if a franchisee receives permission to use the trademarks in their legal business name, they must immediately remove those trademarks from their business name upon termination or expiration of the agreement. Additionally, franchisees must terminate any fictitious or assumed name registrations promptly upon termination or expiration of the Franchise Agreement. This ensures that upon ending the franchise relationship, the franchisee completely ceases representing themselves as being associated with the Engel & Volkers brand.
This requirement is standard practice in franchising to protect the integrity and exclusivity of the brand. Engel & Volkers retains sole control over its trademarks and brand identity. Allowing former franchisees to continue using the trademarks would create confusion among customers and dilute the brand's value. This restriction applies to all Engel & Volkers trade names, trademarks, service marks, logotypes, trade dress, and other commercial symbols and slogans used to identify the franchised business.
Furthermore, the Franchise Agreement states that franchisees do not acquire any proprietary rights in the trademarks through the franchise. All goodwill established by the franchisee's use of the trademarks inures to the sole and exclusive benefit of E&V Marken or Grund Genug Verlag. This reinforces that the Engel & Volkers brand and its associated trademarks remain the exclusive property of the franchisor and its related entities, both during and after the franchise term. Franchisees must comply with these requirements to avoid any legal repercussions for unauthorized use of the trademarks after the agreement ends.