Use of NAR Trademarks in Usernames
BY KATHERINE RAYNOLDS, NAR STAFF ATTORNEY
Choose a user name or ID. This is what you have to do upon registering for most social networking sites, blogs, and elsewhere on the Web. [Association] members strive to be unique and clever with their usernames, which also serve to identify them publicly to others viewing the site. Perhaps they choose number1realtor or yourMichiganrealtor or janechicagorealtor. But all of these usernames violate the National Association of REALTORS trademark usage rules.
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The rules governing the use of the REALTOR marks are the same regardless of the medium in which the marks are being used, i.e. print advertising, web advertising, URLs, e-mail addresses, usernames and more. These rules required the REALTOR marks to be used with the name of a member or with the legal name of a member broker's real estate business. A separate rule prohibits use of REALTOR with descriptive words or phrases. Because domain names must be lowercase and cannot accommodate the R symbol, the requirements to use capitalization and the registration symbol "® " with the REALTOR marks are relaxed on the Web.
Associations play an integral role in protecting and promoting a correct understanding and use of terms REALTOR, REALTOR-ASSOCIATE, REALTORS, the REALTOR Logo and the Block "R" mark (referred to collectively as the "marks"). The ongoing protection efforts of associations are the first steps in ensuring that the REALTOR marks continue to be recognized as an indicator of professionalism, integrity, and competence in real estate.
[Associations] are often the first to identify or to receive complaints about improper uses of the REALOTR marks, in usernames or otherwise. [They will] first evaluate the complaint to determine whether there is an actual misuse, then contact the misuser and requests that he or she immediately cease using the REALTOR mark incorrectly. Because many improper uses are the result of a lack of awareness or understanding of the rules, most members promptly correct misuse when called to their attention and the proper form of use is explained. [Sentence omitted for clarity.]
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Published in REALTOR AE Magazine, Summer 2009. Reprinted with permission of the National Association of REALTORS.
MOST COMMON MISUSES OF THE NAR TRADEMARKS
- Use of the marks by persons who are NOT members of the National Association of REALTORS. New real estate licensees will often announce that they just got their "REALTOR's license". You CAN have a REALTOR Membership, but you cannot have a REALTOR license.
- Use of the term REALTOR as a descriptive word. "Your Favorite REALTOR", "Team REALTOR", "Number 1 REALTOR," etc. are all incorrect uses of the term.
- For more information on the rules of use, please visit NAR's website.
