October 7th - 2006

Are you trademark savvy?

Not every real estate salesperson in Ontario can call themselves a REALTOR®.

Not every real estate salesperson in Ontario can call themselves a REALTOR®. The term REALTOR® is what sets you apart and tells people you are a member of a professional association and abide by a strict code of ethics.

The REALTOR® and MLS® family of trademarks are trademarks owned by the Canadian Real Estate Association and, as a member of CREA, you are exclusively licensed to use these marks in the course of your business. But all of these trademarks are valuable assets that must be carefully protected. If the REALTOR® trademark were to become commonly known as a term for any licensed real estate representative, its value would disappear and the ability to legally protect the trademark would no longer exist. The same would hold true if MLS® became known simply as defining a database instead of the services provided by REALTORS®. Once generic, anyone would be able to use the terms REALTOR® and MLS® without any consideration for membership or business and ethical standards.

While members have always been required to comply with CREA’s trademark rules, now it’s more important than ever since the revised REALTOR® Code has a specific section – Article 26 – to deal with trademarks. But, according to CREA’s legal department, trademark infractions are still too common. The mistakes they see most often involve improper use of domain names where MLS® is used in the URL or a Web address that uses REALTOR® generically such as www.professionalrealtor.com and www.torontorealtor.com. Both of these domain names are trademark infringements. In an effort to educate members and help them to comply with trademark rules, CREA published a trademark manual last February called “Protecting our Corporate Identity,” which is available online at http://www.realtorlink.ca/. To avoid making trademark errors, CREA suggests members consult the trademark manual and, when in doubt, contact them before developing any advertising or setting up a Web site.

Here are some of the dos and don’ts of trademark usage from CREA’s manual:

REALTOR® and REALTORS® Trademarks:
Only licensed members of The Canadian Real Estate Association are allowed to use the REALTOR® marks in reference to themselves or their real estate business. The trademark may be used by licensed real estate practitioners only to refer to membership in CREA and not as synonyms for broker, salesperson or any other real estate professional calling. If the phrase "member of The Canadian Real Estate Association" cannot be logically substituted for the REALTOR® trademark, then the term should not be used.

  1. The correct use of the REALTOR® trademark is all capitals, followed by the registered symbol. Although CREA previously allowed usage of “Realtor®”, the usage must now conform to our trademark application, which is REALTOR® or REALTORS®.
  2. REALTOR® or REALTORS® cannot form any part of a firm name, incorporated business name or business logo.
  3. The REALTOR® trademark can be used in Web site addresses and e-mail, but only in conjunction with your name or your firm’s name, such as johnjonesrealtor.ca and johnjonesrealtor@sympatico.ca, NOT muskokarealtor.ca or superrealtor@rogers.com or bobtherealtor.com.

MLS® and Multiple Listing Service® Trademarks:

  1. MLS® and Multiple Listing Service® must always be displayed in exactly this manner and must include the ® symbol.
  2. The MLS® family of trademarks identifies the services rendered by members of CREA - i.e. REALTORS® - which may be rendered through the real property listing systems operated by member real estate boards under the MLS® trademark. When using the MLS® trademark in reference to a board's listing system, it must always refer clearly to a real estate board (e.g. “The MLS® system operated by the ___ Board” or “Your local board’s MLS® system”).
  3. The MLS® logos must never be altered or combined with any other logos, or be used to create a ‘new’ MLS® logo.
  4. The MLS® logo cannot be used as a button to link to the www.mls.ca Web site – there is a special logo and button for that purpose, available on CREA’s page on REALTOR Link®.
  5. The MLS® and Multiple Listing Service® trademarks must never be used as part of an individual member’s Web site domain name or e-mail address. A limited exemption to this rule has been granted to Boards and Associations only.

CREA Trademarks
The revised REALTOR® Code of Ethics now includes a section – Article 26 – that deals specifically with CREA trademarks. Here’s what it says:

A REALTOR® shall only use the trademarks of The Canadian Real Estate Association in accordance with CREA's rules, regulations and policies.

Interpretations
26.1 A REALTOR® shall not challenge the validity of CREA's Trademarks.

26.2.A REALTOR® shall not use any of CREA's Trademarks in domain names, e-mail addresses or meta-tags unless specifically authorized to do so by CREA policies.

26.3 CREA's Trademarks are not to be used as hypertext links in Internet Web sites.

26.4 A REALTOR® shall not use, display, or attempt to register as trademarks any word, phrase, term, initials or design marks that incorporate, or are confusingly similar to, any trademark of CREA.

26.5 A REALTOR® shall not incorporate into corporate or trade names any trademark of CREA or any confusingly similar mark.

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For more information contact

Ontario Real Estate Association

Jean-Adrien Delicano

Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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The trademarks REALTOR®, REALTORS®, and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.

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