The other day I wrote a Featured Activerain post I am your local REALTOR®, however I am not allowed to say it, write it or admit it. The post references "The REALTOR® Brand" snippet included in the National Association 2010-2011 Membership Reference Guide from the National Association of REALTORS®. Not to reiterate what my post said, the main idea was how the REALTOR® brand must be used properly, listing some important rules.
Most importantly I was referring to:
- REALTOR® may not be modified by descriptive words or phrases such as "your", "local" or "Chicago". (ex. Your REALTOR® of Choice for Whitestone Gardens)
After reading through many of the well written comments and opinions of all who took the time not only to read but to contribute their thoughts to my post, I decided to take it one step further and send an email to trademark@realtors.org to see whether I was in fact in violation of using the REALTOR® trademark.
In paragraph five of my Local REALTOR® post, I wrote:
"Many, if not all of my Whitestone Gardens posts, branded me as Your REALTOR® of Choice for Whitestone Gardens. [Once reading the NAR Membership Guide] I went through my posts for Whitestone Gardens and removed the wording Your REALTOR® of Choice. "
So did I misuse the REALTOR® trademark in writingYour REALTOR® of Choice? I certainly did.
Here's the email I sent to trademark@realtors.org AND their response:
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| 06/19/2010 11:41 AM |
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I have a question, I was recently reading through the 2010-2011 Membership Booklet and came across The REALTOR® Brand. Specifically thethird bullet point:
- REALTOR® may be used in conjunction with a member's name or the name of a member's brokerage firm.
- REALTOR®is not an occupation or a generic term synomymous with "real estate agent" and should never be used as such.
- REALTOR® may not be modified by descriptive words or phrases such as "your", "local" or "Chicago".
So would I be able to use the term: Your REALTOR® of Choice for Whitestone Gardens? or
Your Realtor of Choice for Whitestone Gardens
or is Realtor unable to be used in any of the above context? I've read through the trademarks and all the information on realtor.org but it all references domain names, email addresses, usage marks. Can Realtor be used without the all caps and realtor trademark in my blog posts - Your local Fairfield Realtor? Realtor of Choice? etc.
Thank you for your help. I do not want to violate any terms.
Gina Chirico, Sales Associate
Lattimer Realty
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Here was NAR'S RESPONSE (original wording but bold text was added by me for emphasis):
Subject: Re:_Use_of_REALTOR®
From: trademark@realtors.org
Date: Mon, June 21, 2010 10:21 am
To: gina@ginachiricorealestate.com
Dear Gina:
Thank you for your question and for reading through the membership booklet. Neither the phrase "Your REALTOR® of choice..." or "Your Realtor of choice..." are correct uses of the membership mark. Since this is a type of trademark called a membership mark, it should only be used with a member's name or if the member is a broker, with the name of the firm to identify someone as a member of the REALTOR organization or to identify a firm, whose principals are members of the REALTOR Association. Both of your examples are incorrect contextual misuse as they present the membership mark generically as a synonym for an occupation. More proper would be "REALTOR Gina, your choice for Whitestone Gardens (properties?), or "your agent (or broker) of choice for Whitestone Gardens." In the first example you are correctly identifying yourself as a member, and in the 2nd you are correctly using a job description rather than presenting the membership mark generically as a job description.
In the Trademark Manual there is a short test to ensure you are using the REALTOR Marks in correct context. It suggests that you substitute the word "member" for the membership mark "REALTOR" in the sentence or phrase you are using it in, and it retains your intended meaning, it would most likely be a correct use. This can help you with advertising slogans, as it is easy to see that you would not want to be advertising "your member of choice...".
Sincerely,
Mary Newill, Trademark Administrator
Legal Affairs Division
NATIONAL ASSOCIATION OF REALTORS®
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I hope the email response from trademark@realtors.org clarifies some of the confusion amongst us REALTORS® and how we use The REALTOR® brand. I think I will now market myself as exampled above, REALTOR Gina, Your Choice for Whitestone Gardens and although I am YOUR LOCAL REALTOR® REAL ESTATE AGENT in Fairifeld, New Jersey, I am not allowed to say it, write it or admit it but then again I don't need to because buyers and sellers in Fairfield New Jersey already KNOW it. I will market myself as Your Agent of Choice for Fairfield New Jersey Real Estate.
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