Regarding the proper use of Membership Marks: REALTOR, REALTORS, REALTOR ASSOCIATE, as well as the REALTOR with Block "R" logo

I have been talking for some time with Mary Newill the Trademark Administrator from the legal affairs division about getting some more education and materials available to both NAR and non NAR members alike, as we run into a lot of abuse especially in domain names here at REW. Just wanted to post an update on the latest for all those interested.

Mary's Email

Quote:

Dear Morgan: They finally took the Membership Marks Manual out from behind the firewall - hooray! I am enclosing a link to it below. I also wanted to include the examples I send to our members when I advise them of this issue. I don't know if they will help you or not, but I truly appreciate your help with the trademark protection issue! This is the Manual http://www.realtor.org/LetterLW.nsf/pages/trademarkmanual?opendocument This is the information I include in the letter I send out. I thought the examples might be helpful. 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 1,000,000 members each of whom is licensed to use one or more of the membership marks to identify themselves and their real estate businesses. Each member of the National Association agrees as a part of the National Association's Bylaws to abide by the rules governing the use of the REALTOR marks. The rules apply not only in the print world, but also in the electronic media. Members are to use the REALTOR marks to identify themselves and their real estate businesses as members of the National Association. In a domain name the National Association allows members to 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. In an email or domain name the National Association allows members to 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 or email address. JohnDoeRealtor.com, JDoeRealtor.com, JohnRealtor.com JohnDoeRealtor@aol.com, JDoeRealtor@aol.com, JohnRealtor@aol.com ABCRealtyRealtors.com, ABCRealtyRealtors@aol.com Morgan, if there is anything else I can do to help you (help me) please just contact me. Again, I appreciate you so much for this help! Sincerely, Mary Newill, Trademark Administrator Legal Affairs Division NATIONAL ASSOCIATION OF REALTORS®

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The impression that I received from the article that NAR had on their website regarding the use of the word 'Realtor' in your domain name, for instance, was that you were not allowed to separate yourself from other REALTORS in the business.

For example, if I have a website called www.ThePremierRealtor.com, what the domain name implies is that you are far and above any other REALTOR out there.

It appears from the above post that the examples they are using simply throw the word REALTOR on the end of a domain name, but does not serve to separate or distinguish from others.

What are folks' take on this?

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It's really very simple.

A member of the NAR may use the trademark REALTOR in a URL with their name and a Broker who is a member may use the trademark with the name of the Brokerage.

That's it.

examples:
johndoerealtor.com
xyzrealtyrealtors.com

Let's put it another way:

You cannot put anything in front of the word realtor with the exception of your personal name = johndoerealtor dot com

Or your company's exact name = murphyslawrealtyrealtor dot com

You cannot precede the word realtor with any other descriptive word or area/location, such as TheBoulderRealtor dot com

So there are really only two basic ways you can incorporate the word realtor in your domain name (or e-mail addy):
1. Preceding your name
2. Preceding your company's full name

You do not have to use caps or the trademark sign

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Morgan, this is a really beneficial thread. Any way you can make it a stickie?

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What if your last name is Best?



Thank you for the valuable information.........It is much appreciated!

If your last name is best, then you CAN have best realtor as it is your name

You think you are being cheeky there, what about - what if your last name is realtor? Heh

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And if your last name is Denver or Vegas or some other city name, you had better think twice, or move to that city, before using it in a domain name, with or without Realtor after it.

Seriously, I get this question all the time, too, from newer agents and clients who ask me for domain name advice. Invariably, at least one of the domain names they come up with violates the NAR trademark rules.

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The way I'm interpreting the NAR statement is you can't use a city even if it's your last name because that separates you from other Realtors in that city. You can only use your name or your company name. But will anyone catch it?

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Sharon Hassler - GoGetRealEstate.com Directory & Ebook: "So You Think You Want A Website: Internet Marketing 101 for Real Estate Agents."

I sincerely doubt NAR would have a problem with you using "Denver" in your domain name if you followed their conventions. (ie; johndenverrealtor.com)

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