Thursday, December 4, 2008
First responce from the Board of Realtors
Dear Sir or Madam: Thank you for your question. Your friend is correct we do object to anyone using our membership marks. You can use "mall" anyway you want, but we request that you do not use the Realtor Mark in this domain name. By way of background, the terms REALTOR and REALTORS were coined by a member of the National Association in 1915 to identify members of his local association and adopted by the National Association to apply nationally in 1916. Following the passage of the Lanham Act in 1946, which made it possible for the first time to register membership marks as a type of trademark with the United States Patent and Trademark Office ("USPTO"), the National Association filed applications for the registration of both REALTOR and REALTORS as collective membership marks. These applications were approved in 1950 and 1949 respectively, and have been included on the principal register of the Act of 1946 since that time. The National Association now owns a family of REALTOR marks including, but not limited to, the REALTOR, REALTORS, REALTOR ASSOCIATE, and REALTOR with Block "R" logo marks. Below are the registration numbers that the USPTO assigned to the marks: REALTOR Reg. No. 519,789 REALTORS Reg. No. 515,200 REALTOR ASSOCIATE Reg. No. 1,323,913 REALTOR with Block "R" Logo Reg. No. 1,137,081 REALTOR.com Reg. No. 2,291,873 The REALTOR marks are widely recognized in the real estate field as identifying members of the National Association. The National Association and its constituent state and local associations (approximately 1500 in the United States) use the marks to identify products and services provided by the various levels (local, state and national) of the REALTOR organization. Also the National Association licenses to its 1,200,000 members the right to use the REALTOR marks for identifying themselves and their real estate businesses as members of the National Association. Members of the National Association and the public associate the REALTOR marks with participation in the REALTOR organization. The National Association also has members outside of the United States through its relationships with other National Real Estate organizations in over 50 countries, through which it cooperatively promotes enhanced professionalism in the real estate business. Members of these groups may be authorized to use the REALTOR membership marks. We also have this Mark registered as a trademark in many different countries. Use of a REALTOR mark by a non-member is viewed as an infringement of the National Association's legal rights in the REALTOR marks under the federal Lanham Act in addition to various other federal laws. As you have plainly indicated that you are not a Member, you are not licensed the right to use a REALTOR mark in a domain name. The National Association requests that you not use the realtormall.com domain name including, but not limited to, use of the domain name on the Internet and on promotional and advertising materials for your business. We would appreciate your cooperation with this request. Sincerely, Mary Newill, Trademark AdministratorLegal Affairs DivisionNATIONAL ASSOCIATION OF REALTORS®
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