Is the right to use the Engel & Volkers trademarks contingent on meeting any financial thresholds?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you the non-exclusive right to use the service marks ENGEL & VÖLKERS®, E&V®, GG® and GG GLOBAL GUIDE® and other trademarks, including the unregistered mark of the new ENGEL & VÖLKERS logo pictured on the cover page of this disclosure document, in the operation of your franchised business during the term of your Franchise Agreement. You may also use other current or future trademarks we own or are licensed to use to operate your franchised business as permitted by the System Documentation. By "Trademarks" we mean various Engel & Völkers trade names, trademarks, service marks, logotypes, trade dress and other commercial symbols and slogans used to identify your franchised business, and the GG and GG GLOBAL GUIDE marks.
You may use the Trademarks to publicize your activity under the Franchise Agreement in correspondence (including your business documents, letterheads, invoices, business cards, stickers, etc.)
Direct Franchise EV FDD 03/31/2025
and also in advertisements, subject to compliance with the standards we stipulate in the System Documentation. You can use the trademark ENGEL & VÖLKERS and other Trademarks solely in accordance with the provisions of your Franchise Agreement and System Documentation and you cannot apply for any mark or names conflicting with the Trademarks or cause those symbols or 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 will comply with the requirements set forth in the System Documentation regarding use of the Trademarks in electronic commerce, which includes all forms of electronic or computer communication, including your Website. Your Website is a subdomain of our Website. You are not allowed to maintain any other website for your Residential Real Estate Brokerage or any of its sales advisors. We may require that various types of marketing or advertising utilize a specific template or format. You will give us copies of all proposed applications for registration of any of the Trademarks or any variation thereof for use in and for electronic commerce, including your Internet or Website address and domain name. You must obtain our prior written approval before filing any application, which approval we may withhold in our business judgment.
Source: Item 13 — TRADEMARKS (FDD pages 56–59)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the right to use Engel & Volkers' trademarks is granted to franchisees during the term of the Franchise Agreement. The FDD does not explicitly state any financial thresholds that a franchisee must meet to maintain the right to use the Engel & Volkers trademarks. However, franchisees must adhere to the standards stipulated in the System Documentation, which could indirectly involve financial obligations related to marketing, advertising, or maintaining the brand's image.
The Engel & Volkers Franchise Agreement and System Documentation outline the specific ways franchisees can use the trademarks, including in correspondence and advertisements. Franchisees cannot apply for conflicting marks or names that could harm the established trademarks. Engel & Volkers retains control over legal proceedings related to intellectual property rights, and franchisees must report any infringements or attacks on these rights.
Engel & Volkers also maintains control over the use of trademarks in electronic commerce, including the franchisee's website, which is a subdomain of the Engel & Volkers website. Franchisees must obtain written approval before registering any variations of the trademarks for electronic commerce use. The franchisor can review online content to ensure it aligns with the brand's reputation and quality, and they can require franchisees to remove any questionable content or cease using the trademarks on such sites.
While the FDD does not specify financial thresholds, it emphasizes compliance with the System Documentation and adherence to brand standards, which could have financial implications for franchisees. Prospective franchisees should carefully review the Franchise Agreement and System Documentation to understand all requirements for trademark usage and discuss any potential financial obligations with Engel & Volkers.