# Is the word "Realtor" really trademarked?

**URL:** <https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188>\
**Category:** Factual Questions\
**Created:** [April 14, 2016, 4:08pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188 "2016-04-14T16:08:56Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![furryman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/furryman/32/99_2.png) [@furryman](https://boards.straightdope.com/u/furryman)\
**Post date:** [April 14, 2016, 4:08pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/1 "2016-04-14T16:08:56Z")

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> **[Is there a term for “trade names that become generic”?](https://www.straightdope.com/21342607/is-there-a-term-for-trade-names-that-become-generic)**
>
> A STAFF REPORT FROM THE STRAIGHT DOPE SCIENCE ADVISORY BOARD

I figured everybody who worked in Realty was a Realtor. If this is true, what do people who don’t work for whatever company owns the trademark call themselves?

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**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\
**Post date:** [April 14, 2016, 4:10pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/2 "2016-04-14T16:10:42Z")

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real estate agent?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [April 14, 2016, 4:14pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/3 "2016-04-14T16:14:44Z")

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To be called a “Realtor” you have to be a member of the National Association Of Realtors, otherwise, you are a real estate agent or real estate broker.

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**Author:** ![burpo\_the\_wonder\_mutt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/burpo_the_wonder_mutt/32/365_2.png) [@burpo\_the\_wonder\_mutt](https://boards.straightdope.com/u/burpo_the_wonder_mutt)\
**Post date:** [April 14, 2016, 4:50pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/4 "2016-04-14T16:50:54Z")

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Is it coincidence that I have been hearing “real-i-TOR” on commercials?

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [April 14, 2016, 4:53pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/5 "2016-04-14T16:53:31Z")

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> [@burpo\_the\_wonder\_mutt](#):
>
> Is it coincidence that I have been hearing “real-i-TOR” on commercials?

Coincidence how? The word is pronounced in a variety of ways.

[**ree** -_uh_ l-ter, -tawr, **reel** -]

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [April 14, 2016, 5:08pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/6 "2016-04-14T17:08:03Z")

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OP links to a SD article by SDStaff **Ian** , which discusses trade-marked names that became generic through widespread common usage. He mentions Realtor among a lengthy list. This happens when the trade-mark owner fails to zealously protect the mark.

If I’m not mistaken, the National Association Of Realtors does zealously protect their mark, sending cease-and-desist orders whenever they become aware of anyone using the term Realtor without license.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [April 14, 2016, 5:19pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/7 "2016-04-14T17:19:02Z")

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> [@Czarcasm](#):
>
> To be called a “Realtor” you have to be a member of the National Association Of Realtors, otherwise, you are a real estate agent or real estate broker.

Technically, they are [REALTORS](http://www.realtor.org/letterlw.nsf/pages/TrademarkLogoFAQs), not Realtors. I assume this is part of NAR’s “zealous defense.”

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [April 14, 2016, 5:21pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/8 "2016-04-14T17:21:24Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Technically, they are [REALTORS](http://www.realtor.org/letterlw.nsf/pages/TrademarkLogoFAQs), not Realtors. I assume this is part of NAR’s “zealous defense.”

Technically, you are supposed to put on the official gold jacket before you type out the word “REALTORS”. 😃

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [April 14, 2016, 5:24pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/9 "2016-04-14T17:24:09Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Technically, they are [REALTORS](http://www.realtor.org/letterlw.nsf/pages/TrademarkLogoFAQs), not Realtors. I assume this is part of NAR’s “zealous defense.”

Capitalization doesn’t make a difference. The Patent and Trademark Office spells all word marks in all caps in official documents. That doesn’t mean that the trademark rights apply only when all caps are used.

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**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\
**Post date:** [April 14, 2016, 5:28pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/10 "2016-04-14T17:28:57Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Technically, they are [REALTORS](http://www.realtor.org/letterlw.nsf/pages/TrademarkLogoFAQs), not Realtors.

From your link:

**9. Do I need to add the trademark registration symbol?**  
The preferred form of the REALTOR® marks is in all capital letters and with the federal registration symbol ‘®.’ If using the registration symbol is not possible, then the next preferred form is in all capital letters.

**10. Is spelling realtor in lower case still using the trademark?**  
If the REALTOR® marks are in lower case, you are still using the membership marks. The registered mark is REALTOR in any and all of its forms. To encourage others to recognize its status, NAR has adopted certain standards for its appearance. Please note that the preferred format is in all caps with the registration symbol.

Thus “Realtor” is included in the registered mark.

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**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\
**Post date:** [April 14, 2016, 5:37pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/11 "2016-04-14T17:37:39Z")

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Over here we call them Estate Agents. Their standing in public opinion hovers somewhere around that of politicians.

An estate agent would probably tell his relatives vaguely that he was “in property”.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [April 14, 2016, 5:43pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/12 "2016-04-14T17:43:05Z")

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> [@Acsenray](#):
>
> Capitalization doesn’t make a difference. The Patent and Trademark Office spells all word marks in all caps in official documents. That doesn’t mean that the trademark rights apply only when all caps are used.

Right. I am merely pointing out that REALTOR is the preferred (and ridiculous) version of the mark holder.

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**Author:** ![SanVito](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sanvito/32/2805_2.png) [@SanVito](https://boards.straightdope.com/u/SanVito)\
**Post date:** [April 14, 2016, 5:52pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/13 "2016-04-14T17:52:24Z")

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> [@bob\_2](#):
>
> Over here we call them Estate Agents. Their standing in public opinion hovers somewhere around that of politicians.
> 
> An estate agent would probably tell his relatives vaguely that he was “in property”.

I rank them somewhere below lawyers and just above drug dealers. Problem with estate agents is that they aren’t regulated. Any boy with a shiny suit can be one.

Why yes, I have recently had a miserable experience with these con men, so obvious?

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**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\
**Post date:** [April 14, 2016, 6:07pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/14 "2016-04-14T18:07:39Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> I am merely pointing out that REALTOR is the preferred (and ridiculous) version of the mark holder.

Gotcha. And most preferred is REALTOR®. Heaven forbid they let us forget that it’s a registered mark.

It reminds me of ads where they won’t say “Try some Throckmortons today!” They feel they must say “Try some Throckmorton Brand goat-dropping sandwich cookies today!”

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [April 14, 2016, 6:10pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/15 "2016-04-14T18:10:27Z")

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> [@](#):
>
> Problem with estate agents is that they aren’t regulated. Any boy with a shiny suit can be one.

It’s been a long time since I had any dealings with a UK estate agent but don’t they have to be licensed?

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**Author:** ![SanVito](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sanvito/32/2805_2.png) [@SanVito](https://boards.straightdope.com/u/SanVito)\
**Post date:** [April 14, 2016, 6:40pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/16 "2016-04-14T18:40:48Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> It’s been a long time since I had any dealings with a UK estate agent but don’t they have to be licensed?

Well you can get a license through the national estate agents association, but it isn’t compulsory and isn’t a bar. That’s the biggest problem with the business.

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**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\
**Post date:** [April 14, 2016, 6:58pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/17 "2016-04-14T18:58:26Z")

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> [@SanVito](#):
>
> I rank them somewhere below lawyers and just above drug dealers. Problem with estate agents is that they aren’t regulated. Any boy with a shiny suit can be one.
> 
> Why yes, I have recently had a miserable experience with these con men, so obvious?

A good line but not true.

I am a real estate agent. Almost all US States regulate state licensed real estate agents and often do quite aggressively. You cannot sell real estate in the majority of the US unless you are the property owner, a legal representative of the owner, or a licensed agent. There are normally numerous legal and ethical obligations required of licensed agents. This is not to say the entry bar is all that high but there are specific legal and professional obligations required for most real estate agents. I am a commercial agent and the professional designations I maintain cost me several thousands of dollars a year just for the continuing education and professional organization memberships.

The main problems for many agents is being clear about whom the agent is representing in the deal. Many buyers are under the impression that somehow the listing agent is representing their interests but this is not the case in most scenarios. You need an agent representing your interests. It costs no more since commissions are split between agents. The seller is who the listing agent is normally representing.

Beyond this there is population of agents who are not on top of their deals, not experts in their field and this can cause all kinds of problem in making promises they cannot deliver on or dropping the ball on things that have to get taken care of in a timely fashion. There is also a population of buyers and sellers who routinely lie and misrepresent what their financial capabilities are, lie about the condition of their properties, their authority to sell., and are completely unrealistic about market values on both the buying and selling ends of the spectrum. It’s a boondoggle.

People think being real estate agent is easy until they try and then crash and burn. It’s hard making everyone happy in a hard negotiation but if you behave ethically and are clear about whom you represent they will normally respect you.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [April 14, 2016, 7:06pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/18 "2016-04-14T19:06:11Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Right. I am merely pointing out that REALTOR is the preferred (and ridiculous) version of the mark holder.

Just to be clear, when a trademark owner expresses a preference with respect to how a trademark is displayed, it really just amounts to telling their licensees how to display it. It has no significance for anyone else.

> [@Gary\_T](#):
>
> Gotcha. And most preferred is REALTOR®. Heaven forbid they let us forget that it’s a registered mark.

They’re supposed to do that. That’s what the registration symbol is for. In fact, if they don’t do it, it can count against them if someone challenges their trademark rights.

The trademark owner is supposed to use the symbol to notify the public that they claim rights in the trademark. And it’s in their interest to be able to say “see, we don’t let anyone forget it.” Nobody else has to use it.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [April 14, 2016, 7:09pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/19 "2016-04-14T19:09:23Z")

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> [@astro](#):
>
> A good line but not true.
> 
> I am a real estate agent. Almost all US States regulate state licensed real estate agents and often do quite aggressively.

**SanVito** is in the UK, and is talking about estate agents in the UK. I think you’ll find our states don’t regulate any overseas agents. 😉

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**Author:** ![Kiyoshi](https://avatars.discourse-cdn.com/v4/letter/k/e19adc/32.png) [@Kiyoshi](https://boards.straightdope.com/u/Kiyoshi)\
**Post date:** [April 15, 2016, 10:48pm UTC](https://boards.straightdope.com/t/is-the-word-realtor-really-trademarked/752188/20 "2016-04-15T22:48:53Z")

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Why are they called “real” estate agents in America? Are there fake estate agents too?

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