September 21, 2024

NAR told the U.S. Patent and Trademark Office on Monday that a New York-based investment firm that operates fintech marketplace Republic has crossed a line by using its logo. what do you think?

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The National Association of Realtors is taking steps to protect its R.

The 1.58 million-member trade group launched a legal petition on Monday to block New York City-based fintech company OpenDeal from obtaining a trademark for its own R-style logo. NAR filed a motion with the U.S. Patent and Trademark Office opposing OpenDeal Inc.’s request to trademark the logo for investment platform Republic.com, saying doing so would harm the real estate agent’s brand.

“The R Mark is distinctive and widely recognized by the American public as a symbol of the NAR Association and a source of real estate services, and the R Mark has been distinctive for decades before the applicant submitted the application,” the trade group claimed in the legal filing. “Week.

The move to protect its assets is not surprising. NAR owns 25 page manual Part is dedicated to outlining the rules for using its iconic R logo. It has strict rules on how members can use the term “real estate agent.”

OpenDeal is the owner of the investment platform Gonghe.comthe company also has many subsidiaries using various versions of the R logo.

OpenDeal registered its logo as a trademark in October 2022. NAR attorneys said in the filing that Republic created its logo to benefit from the real estate agent brand.

“On information and belief, (OpenDeal) may have had actual knowledge of NAR’s R trademark at the time it selected the trademark to oppose and purposefully chose to trade on NAR’s goodwill in the R brand,” NAR attorneys wrote. OpenDeal “applied the The purpose of the (trademark) is to profit from NAR’s R mark and its associated goodwill.”

NAR first trademarked the term “real estate agent” more than a century ago. It began using the capital letter R in 1973 and received trademark protection in 1975.

Five years ago, the organization launched a marketing campaign called “THAT’S WHO WE R” in an attempt to spread the brand through billboards, television commercials and print marketing materials.

NAR has repeatedly initiated legal proceedings to stop what it sees as infringements on its brand, court records show, and has taken action to prevent organizations with similar branding or even words that are too close to real estate agents from receiving trademark protection.

“The R mark symbolizes the extensive goodwill and consumer recognition established through the investment of significant resources in advertising, promoting and providing services under the mark,” NAR’s attorneys wrote.

Representatives for both organizations did not immediately respond to requests for comment Tuesday about the legal action.

The two groups will engage in a battle before the Trademark Trial and Appeal Board that will last through much of 2025.

The trademark claims come as real estate agents consider whether NAR has harmed its brand after a tumultuous year that included the departure of two presidents within months and other legal battles in which NAR lost.

Former President Kenny Parcell resigned amid detailed accusations from 19 members who said they were sexually harassed on the job, describing an overall culture of harassment, retaliation and avoidance.

Parcell’s successor is Tracy Kasper, who will be officially appointed in November 2023. She resigned in January and said she faced extortion threats. Kevin Sears is now serving a nearly two-year term as president of the 1.5 million-member organization.

Email Tyler Anderson