When establishing a trade name for a Remax office, is the franchisee required to include the term 'RE/MAX'?

According to Remax's 2025 Franchise Disclosure Document, franchisees are required to include the term "RE/MAX" as the first word in the trade name of their office. The franchisee must also obtain any necessary trade, fictitious, or assumed name registrations required by law and operate the office under that name. However, franchisees are prohibited from using "RE/MAX" or any other Remax marks in their formal corporate or legal entity name. Additionally, franchisees cannot file for or own any state or federal trademark applications or registrations that include "RE/MAX" or any confusingly similar marks.

This requirement ensures brand consistency across all Remax offices, reinforcing the brand's identity in the marketplace. By mandating the use of "RE/MAX" in the trade name, Remax aims to leverage its established brand recognition and goodwill. This benefits franchisees by associating their local office with a nationally recognized brand.

However, the franchisee also bears the responsibility of ensuring that the portion of the trade name that does not include the RE/MAX mark (referred to as "Non-RE/MAX Trade Name Terms") does not infringe upon the rights of any third party. Remax's approval of the trade name does not provide any assurance that a prior user of the Non-RE/MAX Trade Name Terms does not exist or will not assert rights to that name. This means the franchisee must conduct their own due diligence to avoid potential legal issues related to trademark infringement.

Furthermore, Remax maintains control over the use of its marks. If Remax determines it is advisable to modify or discontinue the use of any RE/MAX Mark, including the mark used in the office's trade name, the franchisee must comply with Remax's directions at their own expense. This provision allows Remax to adapt its branding strategy as needed, but it also places the financial burden of rebranding on the franchisee.