Who is U.S. Holding GmbH in relation to the Engel & Volkers trademarks?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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. You agree not to contest at any time either the validity or E&V Marken's ownership of any of the Trademarks, including ENGEL & VÖLKERS, ENGEL & VOELKERS, ENGEL AND VÖLKERS, ENGEL AND VOELKERS, ENGEL VOELKERS, E&V or EV, or Grund Genug Verlag's ownership of the Trademarks GG or GG GLOBAL GUIDE. Any unauthorized use of the Trademarks by you will constitute an infringement of E&V Marken's or Grund Genug Verlag's rights in and to their Trademarks.
Source: Item 13 — TRADEMARKS (FDD pages 56–59)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, U.S. Holding GmbH plays a crucial role in the licensing of the Engel & Volkers trademarks in the United States. Engel & Volkers has been granted an exclusive license to use the Engel & Völkers System and related trademarks in the U.S. by U.S. Holding GmbH, based on a General Licensing Agreement between the two entities. U.S. Holding GmbH, in turn, obtained its rights through a master license from E&V Residential, under a separate but substantially identical license agreement.
Effectively, U.S. Holding GmbH acts as an intermediary licensor in the chain of trademark rights for Engel & Volkers in the U.S. This means that while Engel & Volkers franchisees are granted the right to use the trademarks, their rights are ultimately derived from the licenses held by U.S. Holding GmbH. This structure highlights the importance of these licensing agreements for the legal operation of an Engel & Volkers franchise.
The FDD also clarifies the historical context of these trademark rights. E&V Residential initially owned the ENGEL & VÖLKERS and E&V trademarks, then licensed them to E&V International, who then licensed them to U.S. Holding GmbH, who ultimately licensed them to Engel & Volkers. Ownership of the ENGEL & VÖLKERS and E&V Trademarks was transferred from E&V Residential to E&V Marken on February 7, 2008. E&V Marken then licensed E&V Residential to use the marks they formerly owned. As of 2025, E&V Marken and E&V Residential are expected to merge, with E&V Residential becoming the surviving entity and regaining ownership of the ENGEL & VÖLKERS and E&V trademarks. Grund Genug Verlag owns the stylized GG trademarks and has licensed them to E&V International, who in turn licensed U.S. Holding GmbH, who then licensed them to Engel & Volkers. All these license agreements are dated January 9, 2006.
For a prospective franchisee, this complex structure underscores the importance of the strength and continuity of these licensing agreements. Any disruption or termination of these agreements could potentially impact a franchisee's right to use the Engel & Volkers trademarks, which are essential for operating the business. It also highlights the importance of Engel & Volkers maintaining its relationship with U.S. Holding GmbH and other related entities to ensure the continued validity and enforceability of the trademark licenses.