Guidelines and Information Regarding Use and Misuse of REALTOR®
How are you using the registered membership mark REALTOR®? A few folks have contacted me recently asking how they can change their ActiveRain Profile user name, their Blog name, and their Outside Blog domain names? The reason? Because they had used the registered membership mark REALTOR® within their URL. It is very important that you understand and know how, when, and where you can use REALTOR®.
Just yesterday, I was contact by an AR member who received the email warning below. They are not a REALTOR® yet they were using the membership mark REALTOR® in the domain name (URL) of their AR Outside Blog. (I changed the members names and domains below for obvious reasons.)
ACTUAL EMAIL #1
Dear Jane Doe:
"The Internet domain name BestDealForREALTORS.com has been identified by the National Association of REALTORS as one in which the membership mark of the National Association of REALTORS (National Association) is used as a part of the domain name. The domain name came to our attention as a result of our monitoring of the Internet for use of the REALTOR membership marks.
The terms REALTOR, REALTORS, and REALTOR-ASSOCIATE, as well as the REALTOR block "R" logo, are all federally registered collective membership marks owned by the National Association. Collective membership marks are a type of trademark which, rather than indicating the source of a product or service, identify the user of the membership mark as a member of a particular group, in this case the National Association.
According to our records you are currently not a member of the National Association and therefore, your use of the membership mark is incorrect. Because the use has not been authorized by the National Association it may also be viewed as an infringement of the National Association's legal rights in its membership marks under the federal Lanham Act and other state and federal laws. In addition, the National Association does not license third parties to use its marks in connection with the names of the products and services of those third parties. To eliminate this potential source of conflict, we would appreciate your cooperation in revising your site and domain name to eliminate the use of the membership marks. Many times this is as simple as substituting an appropriate job title for the term being used; for example, real estate broker or agent can often be used without making any other changes to the text.
We are attempting to track our efforts in connection with the Internet and request that you acknowledge your understanding of this request for your cooperation by providing us with your assurance that you will not use the domain name BestDealforREALTORS.com or any other domains that incorrectly use the REALTOR marks. Thank you for your help and we look forward to receiving your reply."
Trademark/Insurance Coordinator
National Association of REALTORS®
430 N Michigan Avenue
Chicago, IL 60611-4087
In another case, here's an email that a member received instructing them on "how" the Trademark REALTOR® can be used properly, and within the NAR suggested guidelines. There were a couple things I didn't know which have helped me detect the accidental or unintentional misuse of REALTOR® out on the web. Please review this email as well.
ACTUAL EMAIL #2
Dear John Doe:
"The NATIONAL ASSOCIATION OF REALTORS has identified the Internet domain name, BayAreaREALTOR.com, as one in which the membership marks of the NATIONAL ASSOCIATION OF REALTORS (National Association) are used as a part of the domain name. We discovered the domain name in our routine monitoring of the Internet for use of the REALTOR membership marks. The National Association requests that you comply with the rules developed by the National Association to preserve and protect the Membership marks and discontinue using the BayAreaREALTOR.com domain name. You may review these rules at the National Association’s Trademark Manual found on REALTOR.org in the Law & Policy section. I have also included a copy of the brochure “On Your Mark” in the pdf below.
Proper use of the Marks on the Internet
The terms REALTOR, REALTORS, REALTOR ASSOCIATE, as well as the REALTOR with Block "R" logo, are all federally registered collective membership marks owned exclusively by the National Association. Collective membership marks are a type of trademark which, rather than indicating the source of a product or service, identify the user of the membership mark as a member of a particular group, in this case the National Association.
The National Association has approximately 1,200,000 members each of whom is licensed to use one or more of the membership marks to identify themselves and as Members individually and through their real estate businesses. Each member of the National Association agrees, as a part of their local Association's Bylaws, to abide by the rules governing the use of the REALTOR marks. These rules apply to print and electronic media. In a domain name Members can use the REALTOR marks with a member's name and, if the member is a broker, with the complete name of the broker's real estate firm. Below are examples of proper ways in which a member can use the REALTOR marks in a domain name.
JohnDoeRealtor.com, JDoeRealtor.com, JohnRealtor.com, ABCRealtyRealtors.com
Incorrect use of the REALTOR Marks
Please review Article V, Section 7 of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS. This article expressly prohibits the use of any descriptive words or phrases from being used with the Membership marks. Mr. Doe, this includes geographical descriptions such as BayArea, only the state and local associations and boards were granted the right to use a geographical description with the membership marks. For one Member to claim the membership mark in any geographical area where other Members also operate would not be a fair or equal use of the Marks to other Members who do business in that area.
Action Requested: Change Domain Name
The National Association requests that you stop using the BayAreaREALTOR.com domain name including, but not limited to, use of the domain name on the Internet or on promotional and advertising materials for your business; or to redirect traffic to another website. You may of course, register and use a new domain name that uses the REALTOR mark in a manner which complies with the rules of the National Association or select one which does not use the REALTOR marks.
Because you are a member of the National Association and understand the importance of protecting the valuable REALTOR marks we are confident you will make the right decision and end your use of the BayAreaREALTOR.com domain name. We request that you promptly contact us and assure that you will comply with this request. If you have any questions, please contact me.
Thank you for your cooperation."
Trademark Administrator
Legal Affairs Department
NATIONAL ASSOCIATION OF REALTORS
430 N. Michigan Avenue
Chicago, Illinois 60611-4087
There's more information and details regarding the registered membership mark REALTOR® at REALTOR.org. You can review their Trademark Manual. These guidelines and this information is not just for ActiveRain members, this post is for anyone in the Real Estate Industry. Especially those who are not NAR members or outside the Real Estate Industry. We're asking that members, and NAR members take careful consideration when creating user-names, domain names, and URLs for your Blogs and websites. Please follow the proper NAR guidelines and protocol if you're going to use REALTOR®.
If you are currently using REALTOR® improperly in your domain name, on your AR Blog, or your Outside Blog, (even your user name) please contact me right away so we can be proactive and get that taken care of for you. Making the change or correction is an AR admin feature, and I'd be happy to help you. Just contact me via email. Lets prevent you from getting either of these above emails from the NATIONAL ASSOCIATION OF REALTORS. Thanks for taking the time to read this, I hope the information is useful and helps clarify their guidelines.
I am not a Realtor...
But do play one whilst trolling along on the web :)
TLW...ROAR!
TLW - That's REALTOR® :-))
Crap...
I thought it was Real A. Tor :)
TLW...ROAR!
I'm not sure where I knew that from the get-go that the word, REALTOR(R) is not something you mess with. Guess what?
We have these type Names in the examples you mention above as company names. Can you imagine not knowing this? And all the business cards, domain, marketing is spent on the name? Just a mess...
How could it not be known - is my question. And I'm always not the most "alert" around but I knew not to mess with that word.
This is great information Brad.
I'd love to see how many responses you get with regards to those who need to change their usernames/ websites/etc.
Side note to TLW: It's not Doc-A-Tor, it's Doctor!!!
It's not Real-A-Tor, it's Realtor with the little thingie at the end!!!
I just bought a 12 pack of Coca-Cola® for $3.50.
Paid my dues. Think I will now pimp myself as "Mike Jaquish, Coca-Cola®"
Why mess with "REALTOR®" when I can steal and abuse the most valuable brand in the world?
On second thought, waffling, I believe I will pass on that court case!
The policy is there to protect our hard earned name "Realtor" NAR actually has an attorney on staff to handle these complaints. They mean business. A few years ago there was a FSBO site with the name norealtor.com I checked and they are history. Don't mess with NAR.
Thank you! I am busily "fixing" things so that I have the "little thingie on the end", LOL!
REALTOR®
:)
Craig...
Please tell me that you know I'm just messing around? :)
TLW...ROAR!
Love the whip, wife...
Oops! Shame on Jane and John Doe :) are they related - LOL. kidding. ~Rita
They protect the trademark fiercely. Its similar to the commercials for Band Aids. They even changed their jingle to say "I'm stuck on Band Aid BRAND" to protect their trademark and so competitors can't call their bandages band aids.
They stay after this pretty hard. Good information. Why the big deal to comply, they own the brand.
We only pay for it.
Brad,
This post is needed ever so often. How about re-running it again in 6 months and then 6 months after that, etc.
Looking forward to meeting you in Dallas... You will be there right?
I knew not to use realtor just as with Prudential, I cannot use any form of Prudential, Prudential New Jersey Properties, The Rock, etc. in any form of personal website. Not that I would want to in the event I leave PNJP. I was also told that you cannot use it in this form either: Gina Chirico, Realtor; it must be Gina Chirico, Sales Associate or Gina Chirico, Sales Representative even if you belong to the NAR. I guess they have their robots skewing the internet for urls with realtor in them. I once received a warning from NJREC for failing to list my office's telephone number. I only listed my cell phone number. When I called to inquire they said another agent ratted me out....oh well - you live and you learn. I wasn't trying to beat the system....
One thing is for sure the NAR is keeping an eye on their trademark and how it is being used.
I am glad that TLW the Re-la-tor has gotten the message. :-))
Thanks for the post. I found the information here very enlightening.
Brad... Just *great*...one more thing today that needs to go wrong. FSBO's can get their property listed on the MLS, and then on Realtor.com..that's ok? Guess what.. I'll be calling you to get this fixed. I have no time to figure it out for myself.
Hi Brad. They prefer REALTOR ® but I use Realtor ® which is "permitted but not preferred" because it looks like I am shouting at people. They do have a tendency to protect their trademark fiercely. I just wish they would work for us with as much ferocity as they do protecting their trademark. That would sure help but am glad that you covered this so that those who risk being reprimanded know. ~ Lana
Well, when figure out how to get the (R) trademark symbol on AR blogs, I'll do it.
Brad, a lot of people are going to be upset when NAR starts policing Twitter. I've seen several usernames there that are not in compliance. Thanks for the often needed reminder.
And Lottie, if you use Firefox, install ScribeFire. It can easily put the ® anywhere you want :)
Brad, perhaps you should look at putting the ® on the top here... with all the other special doohickeys so that those that don't use Scribefire might be in compliance when using the R words and titles... ya know? After all, it is a real estate social network.... many of us need to use it and don't when we should because they can't figure out how to do it, it is not easily available to use, etc.
Although you were discussing domain names, we should be aware how to use it properly anyway.
My office name is... Prudential Adams & Associates, REALTORS. All caps so as not to have to use the doohickey. But I don't like to shout, so I try to use the doohickey here.
I got the NAR police, the Prudential police... and the guys in the white cars with the pretty lights when I am driving to worry about... ghesh, give a gal a break!
Bookmarked for safe-keeping. Thanks :)
It is just too hard to figure out how to do the R thing at the end of the term. It needs to be easier.
It is important that unlicensed 3rd parties aren't scamming either us or the public using the trademark. NAR has not been so dilligent in protecting the MLS name. About 3 years ago we had a long and angry law suit between our MLS board, and several agents who used mls in their url.
Our MLS board of governors voted to grandfather the use of MLS in the url of existing companies, but agents under a brokerage could not use mls as part of a url. Those companies who branded themselves as a unique portal were required to disclose that they were not actually the MLS, but a brokerage. The did, in 3 pt type at the very bottom of the page. For awhile, incorporating MLS into the url had a huge draw, but it is almost irrelevant now.
Hi Brad -- This is good info to know. I learned this from day 1 and have been grateful I knew the rules. I have seen a few high-profile websites where literally, over 100K was spent on it, and the domain was taken away. Serious stuff.
Brad, I had a web domain like that as well and they flagged it. They are just protecting their mark.
Brad - Very informative post here. I have seen so many violations with REALTOR® used improperly. We need to help get the word out so people understand proper usage.
Any true REALTOR® who doesn't know this should have to pay a steep penalty as far as I'm concerned! My web site at www.LisaHillRealtor.com is one of the only acceptable ways to use the word REALTOR® in a URL. I know because I checked before I registered it ;-)
Great Post and very Timely! I dont know why people get offended because NAR is protecting our trademark... we pay dues to be realtors and they should protect our rights!
Another great post with very useful information. Hope folks take heed and keep themselves legit and out of trouble
Brad, this is an on-going issue with NAR and agents, also be very careful if you use MLS in a domain name.
Yes I get nailed a few years ago on that one but wow! the money I made when I sold the thing. A lawyer determined that if the domain were owned by someone who is not a member of NAR the NAR would have a very difficult time making the owner stop using it.
Good morning Brad,
Gabe is right..it is an on-going issue with NAR and agents..thanks as always for being able to help everyone out to avoid letters like the two you sited!
Hey guys, like stated in the above comments. When obtaining a new URL if you are putting any type of copyrighted material you need to check. Whether it is your areas MLS, Realtor, or any other copyrighted logo, etc. It's much easier to check in the beginning then to get stuck having to remove it later.
Thanks for sharing - very good info -- I will bookmark for safe keeping also! Have a great day!
The rule is what it is and is something you should have learned at you first ethics class.
Most of the Manhattan New York agents (90% or more) are NOT a part of National Association of Realtors, not sure if that is a good thing or not, though I heard a lot of compliments from agents who are in NAR.
The only way that I have figured out how to use the ® on AR is to write my post in MS Word and then just copy to my post. Will AR make an attempt to make is easier for use to this symbol or perhaps it's already been done, but I don't know about it (but then, I'm in perpetual learning moded here).
This is a great post for those who like to use (R) -- I member of NAR -- However, I stopped using it in adds YEARS ago -- Got tired of worrying about such a trivial matter... Clients wants service they could care less about (R) -- Thanks for the post -- The comments you got are great as well!
My MS Word is trained to automatically put the trademark on REALTOR. I wish I could do the same here. Am I missing something?
I have dropped my membership in the board of RXXXXXX's because I am sick of their BS. Whether anyone realizes it or not, RXXXXXX's have a pretty bad reputation with the public. There is an entire "counter culture" out there buying and selling, that makes a conscious effort to avoid RXXXXXX's because of the perception that they are incompetent or can't be trusted.
Ethics are not a designation guaranteed by a logo or trademark, ethics are what we have inside us. We are either ethical or we are not. We are either dependable or we are not. It has NOTHING to do with how many trademarks we can print on our business card,
When I dropped my board membership I was "banned" from listing properties on the MLS in my name, even though I am a licensed agent in good standing with my real estate commission. But like any big union boss, they don't want you being able to operate if you aren't paying them. Thus they don't do much at all to support our business efforts, but they have no problems at all trying to keep us from working if they aren't sucking up hundreds of dollars a year in dues.
Today an unlicensed home owner can list on the MLS and RXXXXXX.com but I can't because I am no longer a member of the board??? What's wrong with this picture. It's all a load of union crap if you ask me. I will continue to work for brokers who agree with my position, but have to maintain two companies, one for the board members, and one for those like me who refuse to play their game.
Put a RXXXXXX in front of your name and it's an excuse to jack up your expenses while giving you no tangible business benefit what so ever. We have all worked hard to earn our licenses. It's a total cheap shot to allow non-licensed sellers to list property, while preventing licensed agents from doing so.
Not to be snooty , but what would happen if you could prove that the domain name was registered BEFORE they added a section in their trademark manual about domain names? I'm always looking for loopholes. Folks do need to realize that the NAR takes this stuff VERY seriously.
Brad,
Thanks! This is something I have tried to do to no avail....I will pop an email and ask the AR staff to help!
I am a Realtor® for Big Rapids, MI and tried using the domain www.bigrapidsrealtor.com and received a nice but firm letter from NAR telling me that was a no-no to use the term "REALTOR" (even though I belong to NAR) in my url as it gives the impression I am the only Realtor® in Big Rapids. I have stopped using it but still think it was a little over the top. For those wondering, if you hold down your ALT key and then 0174 it should put the ® after your Realtor®. Have a great week end everyone!
People mis-use REALTOR® and MLS for one of two reasons.
1. They don't realize (although they should) that they are breaking the rules, and these folks comply as soon as it is brought to their attention.
2. They do it intentionally in an effort to gain an unfair competitive advantage over those who play by the rules. The underlying message is that they are so insecure they believe that if they compete on a level playing field, they won't do as well as if they break the rules.
My first letter from NAR 22 days after getting my license was one of these. I owned the site "YourLifetimeRealtor" and I even got it approved by my principle broker. (They were kind enough to pay for my new business cards and website since it was their mistake on approving it)
Brad,
This is valuable information. In Canada, these trademarks are avaible to members of the Canadian real Estate Association, on licence from NAR. So, it's helpful to see their guidelines and restrictions.
Brian
Maybe brokers should remind their agents about this before they invest lots of time and money in building a brand that will have to came down.
Thanks everyone for all your candid thoughts and comments.
This post has created some great dialog and discussions. The guidelines and information is what it is, and the intention of this post is to let readers know that if you're considering using the membership mark, do it appropriately, and if you're using the mark inappropriately, let's get it fixed.
It also seems like there are many here that want to use the REALTOR® mark in a sentence or title and don't know how to add the (®) so instead are using the (R) in it's place. Here's two ways you can add the ® for the proper use of the term REALTOR®.
1. Hold down the "ALT" key, and on the number pad of your keyboard, type "0174"
2. The symbol ® is located on the REALTOR.org site in many places, it's also located on this post 48 times. Just highlight the ® with your mouse, press "CTRL+C" to copy it, then "CTRL+V" to paste it where you need it.
Thank you to those of you who have emailed me for corrections, they have all been corrected now. I appreciate you taking the time to read this and for being proactive in addressing this issue.
Can't always find that R when I need it. Makes me say agent more than Realtor.
I'l admit that I didn't read every comment here, But after the first dozen or so I just gotta say the use of the word THEY so often in this discussion bothers me.
The National Association of REALTORS® Is not a THEM or a THEY to me, It's an US! I pay a lot of money to, among other things, help to differentiate myself and other REALTORS® from agents that are not members.
I learned long ago about the alt 174 and have used it often. I received an email from a realtor@abc.com and that is improper too....
#43 is right--it's a big union with union rules. In our area you must be a member to get MLS access.
If I pay my membership dues, I don't see how they can prevent my use of REALTOR(R) in any factual way. I would love to see a court case on this.
Of course, I have no desire to use the world REALTOR(R) in the manner that they don't allow. But still ...
BTW: You can use the (r) if you don't have a font that will print the trademark (although in MS Word, when you type (r) it automatically changes it to ®.
I go over this in my MCE internet class, and you would be amazed at how many people argue. I just tell them to go to NAR's website and read for themselves before they get reported.
Brad, thanks. I did not realize how to accomplish it using the keyboard.
TLW, it's no fun seeing you being that nice to Craig. He can take it. Or at least we hope so.
It's a darn good thing I'm TulsaReator - not breaking any rules here! :-)
Brad,
Talk about timing I was just out shopping on GoDaddy.com to see about a new domain name. Thanks so much for this.
Blog-N-Roll...
Log into your FB and LYAO :)
TLW...ROAR!
MLS is major league soccer. The Orange County association of Realtors - website - with listings on the front page, the SOCAL MLS.
NAR has no control over that mark and it is a horrible and wrong decision to try and tell NAR members not to use it while non NAR members can.
--
The public says Realters therefore I say Realter. .
Brad, this is a bookmarked post. Thanks for comment 51 on how to insert the trademark.
I didnt even realize that.... wow.
I didnt even realize that.... wow.
You know they were firm about it, but not mean and vindictive. They could be fined or disciplined.
Thanks for your post. I don't usually like to tread that close to trouble.
Now if NAR would only educate the public to who REALTORS are because the consumer out there doesn't know the difference, they don't know that there is a difference, they think that any one who lists any sells Real Estate is a Realtor good luck changing the perception.
Same rules apply in Canada with CREA , Canadian Real Estate Association.
Another great post with lots of good information. We were educated pretty thoroughly at the beginning on that use and non use....
Brad, great info. There's a lot of grey areas on the use. In any event, just thought I'd pass along to anyone that needs it - you can get the ® symbol - by holding the alt key + the numbers 0174 on a PC. Don't remember what the tip is for the mac.
Brad - Thanks for this post. Now I am fairly certain I am in good shape where the use of the REALTOR branding is concerned.
When I first got my license I bought a web site with the name Realtor in it and then I read about the rules and had to let it go. I read that you can't have a site that says, "mlscity" or "citymls" because it's misleading. We have a site like that in our area. I really like the broker and can't imagine how I could say something to him about his site. Your blog was a great way to remind us without pointing the finger at anyone.
Brad -
Thanks for taking the lead on this and getting the word out. It's quite impressive to see that Active Rain is aware of and is able to address the problem with its membership.
Interesting information here Brad. I think that quite a few people will be changing some of their promotional materials and URLs with this reminder.
Brad -
This is a very timely post for me as I've been emailing back and forth with all levels of the Association for months on this topic. In fact, I did not renew my membership in 2010 as a result of this and the incredible amount of money they cost me to repair their negligence.
I was the winner of the 2009 Massachusetts Association or Realtors website design contest for my website myrealtorjake.com (my website company also designed the site for the 1st runner up). I received a plaque, a feature in Baystate Realtor Magazine, a ticket to the annual Massachusetts Association of Realtors award dinner, and a feature in the Northeast Association of Realtors newsletter and website. I was then nominated as a finalist for a National Association of Realtors Technology Spotlight Award. Soon after that, I was told my website is a violation of NAR Trademark.
Almost 6 months later and countless emails and phonecalls, I personally got NAR to add a section to their rules and regulations because of what happened to me. My website name has been changed per their orders, but I am still working on getting them to realize it's a little silly that they still have links to my old banned URL on their websites. I'm also still trying to get them to respond to suggestions I've made to better educate their employees, members and the public since none of those groups have any idea about any of this. Their current policy is that the rules are there for anyone who chooses to look but otherwise, even their own employees are under no obligation to know them. How incredibly shameful that is.
I'm happy to talk to folks offline in more detail about my experience.
Jacob - what an incredible story and experience! Thanks for taking the time to share that here, I think it is very eye opening and I'm sure others have gone through similar experiences, but probably not to the extent that you have. Someone asked earlier in this post a question regarding "What if I had my domain name before the membership mark or guidelines came out?" This has certainly generated some interesting points and valid concerns on both sides of the registered membership mark. Maybe this will motivate and spawn some new ideas on the part of both members, non-members, and NAR to come up with a winning solution and clearly defined resolution for many of these different issues and scenarios.
Brad: Great article to bookmark and maybe you could re-post as a reminder to the members in the future.
So how can I change my username on active rain? I don't have Realtor(R) in it, but when I searched how to change my username, I ended up here with all this helpful info, but still need to know how to change my username. Email active rain? Will it affect profile, points, etc to where I'll be starting from scratch?
Thanks
No one owns any one word. NAR does not own realtor, as it is a generic word. They only own it when it has the proper markings. Don't belive the bluff! All licensed agents are realtors. NAR is very clever though, as they have even managed to get into some dictionaries. What other brands made it in to a dictionary?
Whoa...
Art you have some homework to do. Maybe you should check with an Attorney about that :)
TLW...ROAR!
Sorry Blog-N-Roll...
I can't just sit back and leave misinformation laying around in The Rain :)
TLW...ROAR!
TLW - misinformation is part of why I have job security? :-))
Mine probably isn't as correct as Brad's, but I did a blog post on this same issue just before Brad!
http://activerain.com/blogsview/1466101/how-do-you-deal-with-rules-violators-
In our Regional Association and MLS, you're also NOT allowed to say "Search the MLS" anywhere...whether that be on your website or evn the code of hyperlinks.
Me, I'm in total agreement with those who are glad the NAR polices the egregious uses, shake my head at getting in some type of trouble for failing to type ®, and believe you fall into one fo two camps: unaware and immediately change, or trying to get away with something and need to be forced to change one way or the other.