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Court upholds REALTOR® trademark
A petition to nullify NAR’s trademark rights to the terms REALTOR® and REALTORS® was unanimously denied by the three-judge panel of the United States Trademark Trial and Appeal Board. The Trademark Board’s decision was issued in a case involving a challenge brought by Jacob Zimmerman, a former Cornell University student who registered approximately 1,900 domain names containing the word REALTOR® in hopes of making money selling the URLs.
In their 39-page opinion, the judges found that the terms are not generic; they are not synonymous with real estate agent or real estate agents, and concluded that the petitioner failed to prove otherwise. Since 1916, when REALTOR® was coined, the term has come to be recognized as identifying members of the National Association of REALTORS®. NAR registered the trademarks in 1949 and 1950, soon after a new trademark act went into effect.
“This is a tremendous victory for REALTORS® everywhere, affirming our right to the terms REALTOR® and REALTORS®, which designate the highest standards of professionalism and commitment to a strict Code of Ethics,” said NAR President Walt McDonald.
Remember, only members are licensed to use the REALTOR® trademarks and logo, and only in connection with their real estate business. The terms REALTOR®, REALTORS®, and REALTOR-Associate® and the block-R logo are collective membership marks. The terms do not describe the jobs real estate licensees perform. When you are asked what you do for a living, describe your profession before you use the term REALTOR® to indicate you are also a member of your local, state, and national association—and are committed to a strict Code of Ethics.
A few more reminders:
• Use the terms REALTOR® or REALTORS® in connection with, rather than as a part of, your firm name. It’s John Doe Inc., REALTOR®. Not John Doe, REALTOR® Inc.
• Punctuation should always be used to separate your name or firm name from the terms.
• Say “REAL-tor” as a two-syllable term with emphasis on the first syllable.
• Use nonmember, instead of non-REALTOR®, when referring to someone who’s not a member.
Send questions about ethics to texasrealtor@texasrealtors.com. Not all questions received can be answered.
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Buyers & sellers, visit www.texasrealestate.com.
REALTORS®, visit www.texasrealtors.com.
