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For more than 100 years, the REALTOR® marks have differentiated National Association of REALTORS® members from nonmember real estate professionals. The REALTOR® marks signify members’ commitment to NAR’s Code of Ethics, which obligates members to protect clients and the public and to conduct business with integrity and at the highest standards of real estate services. Members’ license to use the REALTOR® marks is one of NAR’s most valuable member benefits, and NAR’s trademark rules are designed to protect and promote the REALTOR® brand.
Associations’ proper use of the REALTOR® marks reinforces the meaning of REALTOR®, encourages members and other associations to use the marks properly, and demonstrates to others how the REALTOR® marks may be leveraged in promoting membership and the association’s value.
Incorrect uses, on the other hand, can lead others to believe that these misuses are proper or give associations and members an excuse to similarly misuse the marks. Instances of misuse undermine NAR’s ability to protect the REALTOR® marks for members and associations.
Associations’ contextual use of the REALTOR® marks—including in advertising campaigns and other communications that are widely disseminated— is particularly important. NAR’s trademark rules require contextual uses of the REALTOR® marks to include a direct reference to association membership in the same sentence or phrase.
Direct references include use of the association’s name, general references to associations, the Code of Ethics, the meaning of REALTOR® and major association activities, such as committee participation. Proper contextual uses also include “agent and a REALTOR®” or “agent who is a REALTOR®,” because this language informs the reader or listener that being a REALTOR® is in addition to and different from being a real estate professional.
For example, the sentence “Sarah is a REALTOR®” is improper because it does not include the required direct reference to membership.
Here are some ways to correct this misuse:
- Refer to specific association membership: “Sarah is a REALTOR® and volunteers often with the Lakeside Association of REALTORS®.”
- Connect to an association in general: “Sarah is a REALTOR® and participates in her local association’s events.”
- Include ethical standards: “Sarah is a REALTOR® and abides by the Code of Ethics.”
- Include the meaning of REALTOR®: “Sarah is a REALTOR®, a member of the National Association of REALTORS®.”
- Refer to a major association activity: “Sarah is a REALTOR® and participates in committees at the local, state and national levels.”
- Include vocational title and trademark: “Sarah is a real estate agent and a REALTOR®,” or “Sarah is an agent who is a REALTOR®.” Please note that a different vocational title, such as “real estate professional” or “broker,” could be used instead of “agent.”
Trademark owners are legally obligated to ensure their trademarks are used properly. If a trademark owner fails to police use of its trademarks, the protection afforded to it under federal law may be lost forever. For example, the words “escalator” and “aspirin” were once valuable brands, but these terms are no longer trademarks because their owners did not adequately protect them. This is why it’s vital that the REALTOR® marks are used properly.
If you are unsure whether your association’s uses of the REALTOR® marks are proper, please do not hesitate to contact NAR Legal Affairs at trademark@nar.realtor.