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Should the word Realtor be a trademark ?

Hello Everyone,

I recently got an email to stop using the word realtor in my realtorscope service from the NAR. After doing a little research I found that the NAR has a trademark ont he word and that it has been challenged many times. None winning yet.

I think the term will be dropped from it's trademark soon because what causes a trademark to be dropped is if the term becomes generic. I bet if asked 100 random people in any city what the word Realtor means the mass majority would say it is someone who helps people buy and sell real estate not a member of a trade organization or the NAR.

So why do you care? well, the NAR is positioning themselves to own this word and it's use and that is counterproductive to real estate agents. When the public believes it to be a title of your profession you should be able to use the term as you see fit. With everything going online and with blogging how can the NAR stop all the people from using the term to reference them and their membership.

I hope Realtors will join together and ask for this term which describes our profession to be given back to the people. That would be like someone trying to trademark the word attorney or doctor. Please feel free to reblog this or blog about this. The cases have failed int he past but technology and public perception have changed and we deserve the right to use the term Realtor if that is what the public views us as.

Team Quintana Spokane Real Estate Experts

Posted by Spokane Real Estate - Ross Quintana on 10/03/2008 11:10 AM

Comments (19)

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19 Comments on Should the word Realtor be a trademark ?

OCT

2008

Ross, intesting angle. I had not heard alot of stuff reguarding the use of the term Realtor.

OCT

2008

I have to disagree with you.

If you did not know the word Realtor® could not be used with a descriptive word you must have slept during your initial training.

You really think it should be permissible for any company or individual who is not a member of NAR to be able to use The Marks?

Also you can sell real estate and not be a Realtor®

OCT

2008

Richard,

I didn't fall asleep in training, you missed the whole point of the post. It isn't about whether we can use the term Realtor, We know it is trademarked, it is about whether the general public relates this to membership in the NAR or if most people think a Realtor is someone who does real estate. If that is the case then they can not trademark it because it would be deemed a general term which isn't trademarkable. Over time words like Qtip starts as a trademark until people generalize the term to mean not a brand of cotton swab but any cotton swab, at the point it is considered by the public to be a general term, the company usually loses their trademark. This is what has happened to the term Realtor which is thought of by the public to mean a real estate agent, not a member of the NAR. So I hope they lose their trademark.

Second, most companies and MLS's won't let you join without being a member of the NAR, you can sell real estate but not use their MLS. You should get more educated on this situation and how it affects real estate agents, then you would understand the key issues.

Hi Ross, I kind of like that we get a special designation for joining our boards. There are so many people running around selling real estate half hazardly and this at least means we have paid some dues. I hear what you are saying that the general public doesn't know the difference but maybe we (And NAR) should do a better job and make sure people know that we are professionals and full service. Just a thought.

OCT

2008

Ross,

I can only conclude that you are new to the profession. What would you do if you had a business dispute with another Realtor? As a licensee in your state, what recourse would a member of the public have if you did not subscribe to a code of ethics? If you, as a practicioner, continually misrepresented yourself or your advertising, what sanctions are you subject to? Your Realtor status holds you to a higher standard that your licensing law does and provides additional protection to the public.

Ross,

I am a GRI instructor and also certified by the Texas Real Estate Commission as an instructor, so I am very educated with regards to the situation.

Your original blog ,and I quote, stated "I recently got an email to stop using the word realtor in my realtorscope service from the NAR."

It is my contention you were at some point insturcted as to the proper use of the trade mark REALTOR®. In Texas this information is given to new students, it is also covered in the training when you join a local board, and also if you take a GRI course. If NAR had never contacted you, then you probably would have never even written this blog.

I also know that if you go work for a broker, and that broker is a member of a board, you will have to join the local board also, you have no choice if you borker is a member. By joining a local board you automatically become a member of the state board and the NAR. And of course you then have access to MLS.

I would suggest you read the preamble to our code of ethics, and hopefully take some pride in having the honor to call your self a REALTOR®.

I also agree with Bill you must be new to the profession, and I wish you good luck in your real estate career.

Ross, The minute you drop the trademark status everybody could claim to be a realtor - it is one of the few terms we have to give us professional standing, Art

Bill and Richard, both of you are brokers so your tone is the same, No I am not new to the business but that is a funny way of trying to puff yourself up. The fact is the three 'Brokers' have all missed the point of the post. You keep talking about whether you are supposed to use the word Realtor while the post is actually about whether the word 'Realtor' should be able to be trademarked. Maybe you are new to reading blogs, good luck on your reading... :P

Anyway, the designation doesn't change anything because it doesn't require anything so the same good and bad agents with the designation are the same as those without it. There are liars, and cheaters with the membership as well as without, and since most people selling real estate are members by a mass majority, how does it really set anyone apart.

The point of the post was about whether a board should be allowed to stop Real Estate Agents from using the term Realtor (to describe their profession) when the general public beleives this is not a membership but the title of our profession. I highly doubt if I asked 100 people what a Realtor is that even 5 would say a member of the NAR. Because of this, the term Realtor could not be trademarked and real estate agents could use the term in their advertising any way they wanted. That is the point.

OK. So everyone can call their product Coke, because the public knows soft drinks are called coke.

So why were you using the trademark incorrectly and had to have your hand slapped by NAR?

Richard, everyone doesn't think all sodas are cokes, but If you trademarked the word cola and later there were many cola products so that the public didn't associate cola with only your products but called all brands cola, then you would lose your trademark for the word cola as being only your brand. This isn't a hard concept. Trademarks like copyrights can only be gotten for a unique expression to your product or service. When a word becomes a general term by the public you lose the copyright or trademark because it is not only associated with your product. As in the word Realtor. It went from describing an affiliation to being a general term for real estate agent in the eyes of the public as happens with many trademarks, so it is time to remove it's trademark status.

I have a URL that has the word realtor in it. www.RealtorScope.com

Final comments and I'm moving on.

Your Blog Title Shoud the work Realtor be a trademark ?

My answer Yes

I disagree, as well. The word would not have accrued it's current value without the originators effort.

True Andy, but the question I ask is not about value, and to that I say that with the majority of Real Estate agents also members how does it add value. There are many Realtors who are unethical and if over two thirds of the agents are Realtors where is the big difference people say about being a member. When a new agent signs up for their MLS they instantly become a member of the NAR in most cases, so how does that make them more ethical. It doesn't. If you had to pass an exam to be a mamber or something that might be different.

I don't see any benefit directly from paying dues that offers discounts on things I don't need, other than the political impact which is good but shouldn't be required to do real estate.

OCT

2008

The public in general does NOT understand that all real estate salespeople are NOT automatically Realtors. They don't know that this is a trademarked term, and only members of NAR are allowed to be called Realtors. I think that's Ross's point. It has indeed evolved (devolved?) into a generic term. Everyone I run across calls us all Realtors--and even the students in my licensing class say "WHAT?" when I try to explain the difference.

If we let the term truly become generic and drop the (R), however, what will that change? It won't make all of us suddenly good agents/ethical.

Stating that being Realtors makes us more ethical/better agents is bull. And the wimpy ethics class we must take is a joke. Having the ethics code and living by it are 2 different things. We all know agents who are Realtors who have no clue what being truly ethical -- or even legal-- is all about!

OCT

2008

That's pretty funnybecause I pay my dues, and am allowed to use the R term, however in almost all my blog posts, and everythingg else I use the generic Real Estate Agent. Why because I did pay attention in Ethics class....and I know that the R word has to be all caps, with the little registered mark after it. AR doesn't have that mark and it's too much trouble to import it every time....so I don't use it :)

Next Ross, I am surprised you are lumping Brokers into the category of not understanding, just because you got 3 that agreed. Now my take....my take is you incorrectly used the term, and after getting a cease and decist you write this post. Your point on trademarks being dropped is actually muted by your incorrect usage. Furthermore if I read the new rules correctly you could have been fined $10,000. for that.....if you are NOT a R. Using the term without eligibility is a hefty fine. But I digress, which I am sure you will tell me :)

Bottom line is you will have to change your URL or pay a hefty fine, and maybe more people should pay better attention when they pick their domain names. Should R. be a trademark....who cares, I just care that there are any some rules to protect the public.

Kathy,

I see what you are saying and I never argued the fact of legal use or if we are supposed to use it. What the whole point of the post is which I am glad Erica got, is whether it is a specific term to the public or a general term which would nullify their trademark and allow anyone to use the term in their marketing. I have repeated this three times and people still come in saying we are not allowed to use it because they took an ethics class.....:D

I am a Realtor and if you added up the probably millions of uses of the word Realtor not in all caps this also is proof it is a generic term. A little about copywrite laws, if you cannot defend them you lose them also, which means if enough people use the term and or use it incorrectly you can lose your copywrite for not being able to defend it. Point 2 there is probably over 10,000 uses of the word just here on AR not referring to a NAR member but a real estate agent.

Good Job Erica on getting the question!

Ross

Yes, I got your original question. And I understand exactly what your point is!

JAN

Can you give us an update as to the use of the url which contained "realtorscope"?

AUG

I have been angered by this to no end. I have blogged and even received contact from the federal government trying to stop this bizarre term and the implications that it gives. The commercials that state "You should always choose a Realtor." crack me up. I want to tell the world that everyone is a Realtor in most states because you have no choice. In Rhode Island where I work you are forced to join or you cannot sell. Fist of all they control the MLS. You cannot use the MLS if you do not belong to the ass....ociation. Second, for every month you do not join, your broker is fined. FINED!!! This is no longer a choice. It has taken on a life of itself and the ass.....ociation has more power than the government. The federal government wants to stop this because the MLS is supposed to be a private company that we can or don't have to use. Of course we love the MLS but not when being forced to join an expensive ass....ociation that does absolutely nothing. It is nearly impossible to get on your feet when you're a new agent and have to immediately join not only the local Realtor board but the state and national as well without any choice. When I am forced to do something against my will and beliefs I come out swinging. I don't like it and refuse to use the term. I will make up my own word and charge everyone to use it. I will force everyone to join or charge them not to and will then take over the Internet and make everyone pay just to go online. Sound stupid? It is. Just like the Realtor term and all the unethical behavior associated with it. It has to stop. It is like a growing fungus that will not stop spreading. And the worst part is that we allow this. Every single charge of unethical behavior in our state was done by a member or the ass...ociation of Realtors. Why? Because when everyone is forced to join, it is no longer something special or ethical. I say enough is enough. We have to do something to make a change. We don't need a board when we have a state business regulation department. Why are they allowed to bring charges against someone and have their license revoked because they used a word? It is beyond stupid. It is now embarrassing.

Thanks!

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