What REALTOR®, Coke®, and Kleenex® Have in Common

 “REALTOR^®” (pronounced “Real-tor”) is not synonymous with “real estate agent” just like “Coke^® is not synonymous with “soda” and “Kleenex^®” is not synonymous with “tissue.” So, what REALTOR^®, Coke^®, and Kleenex^® have in common is that they are all trademarks.  Trademarks that are not properly protected may be lost forever. Aspirin, cellophane, nylon, thermos, escalator, and yo-yo all started out as names for specific products but became generic words of ordinary use because they were not properly protected. 

 

The term REALTOR^® is a federally registered collective membership trademark owned by the NATIONAL ASSOCIATION OF REALTORS^® (“NAR”). The term REALTOR^® was first used in 1915 and since that time NAR has vigilantly protected the valuable REALTOR^® trademark. 

 

The REALTOR^® membership trademark identifies and distinguishes members of NAR. Therefore, REALTOR^® may be used only by members in a way that indicates their membership in NAR. 

 

REALTOR® Rules for Members

·      Members using REALTOR^® in connection with their business or corporate name should always separate REALTOR^® from their name by appropriate symbols or punctuation. For example, “John Doe, REALTOR^®” or “Doe Real Estate, Inc., REALTORS^®.”

 

·      When using REALTOR^® as a part of a website address or email address, members always must refer to the member or member’s firm name, such as, JohnSmithRealtor.com or RealtorJaneDoeRealty@xyz.com.

·      In print, REALTOR^® should always stand out in relation to adjoining print by, capital letters, boldface print or italics; separating punctuation where appropriate; and use of the federal registration symbol “®.”  

 

·      Members may only use REALTOR^® in connection with their real estate businesses. 

 

Prohibited Uses of REALTOR®

·      REALTOR^® members are never authorized to use the term REALTOR^® as part of their business name with descriptive words, such as “Number One REALTOR^®.” 

 

·      Members are never authorized to use REALTOR^® with geographical terms, such as “Arizona’s Top REALTOR^®.”

 

·      The term should never be used in reference to non-members. Do not use the term “non-REALTOR^®”.

·      Non-members are never authorized to use the term REALTOR^® in their business name, for example “REALTOR Inspection Company, Inc.” would be prohibited.  

 

In regards to the use of REALTOR® in the media, most newspapers follow either the Associated Press (“AP”) Style Book or the United Press International (“UPI”) Style Book, which do not call for use of full capitals or a federal registration symbol "®" even for registered marks. Therefore, initial capitalization of “Realtor” is sufficient in news stories.

 

For answers to other questions about use of the REALTOR^® trademark, visit the NAR website at https://www.nar.realtor/logos-and-trademark-rules/logo-trademark-faq.

 

K. Michelle Lind, Esq.
Michelle is ‘Of Counsel’ to the Arizona REALTORS®.  Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.

 

4/25/22