For what purpose is the Engel & Volkers franchisee granted the right to use the trademarks?
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.
4.4 Individual Personnel Are Not Independently Licensed to Use Trademarks: Franchisee acknowledges and agrees that no one employed or contracted by Franchisee's Residential Real Estate Brokerage in any capacity, including any licensed real estate agent ("Sales Advisor") or person otherwise affiliated with Franchisee's Residential Real Estate Brokerage has any direct or independent right or license to use the Trademarks, but rather that their use of the Trademarks comes under and is subject to and contingent upon Franchisee's license to use such marks as set forth in this Agreement.
4.5 Assumed Name Filings/Disclaimer: Franchisee may not use the names ENGEL & VÖLKERS**®, ENGEL & VOLKERS, ENGEL & VOELKERS, E&V®**, ENGEL AND VÖLKERS, ENGEL AND VOELKERS, ENGEL VOELKERS, EV, EV REAL ESTATE, E&V REAL ESTATE or any other confusingly similar name as part of its company's legal name without the prior express written permission of Franchisor.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, a franchisee is granted a non-exclusive franchise to use the specified trademarks solely for the purpose of operating a residential real estate brokerage. This usage is explicitly tied to the agreement in place. The franchisee can use the trademarks in connection with their business activities, including correspondence like business documents and letterheads, as well as in advertising, provided they adhere to the standards set by Engel & Volkers and detailed in the System Documentation.
Engel & Volkers franchisees must use the trademarks, including the ENGEL & VÖLKERS® mark, strictly according to the franchise agreement and System Documentation. They are prohibited from using or registering any marks or names that are confusingly similar to the Engel & Volkers trademarks. Additionally, franchisees cannot use the trademarks in the metaverse, as Engel & Volkers retains all rights related to the System and trademarks in that digital realm.
It's important to note that individual personnel, such as licensed real estate agents or sales advisors, associated with the franchisee's brokerage do not have independent rights to use the trademarks. Their use is contingent upon the franchisee's license. Furthermore, franchisees need prior written permission from Engel & Volkers to include names similar to "ENGEL & VÖLKERS®" in their company's legal name. This ensures brand consistency and protects Engel & Volkers' trademark rights.