Occasionally, Realty Times gets letters from frustrated Realtors who are concerned that our writers don't show enough respect for their famous trademark - REALTOR®.

Only recently, we received an angry Letter to the Editor about one of our stories that included the following chastisement from a broker:

"REALTOR(R) is a registered trademark of the National Association of REALTORS (NAR).

"Realtor is NOT proper use of the REALTOR(R) registered trademark NOR is it appropriate to use it as a generic term when you mean a real estate agent.

If you want creditability within the industry it is about time you get some basic facts correct. When it is clear you don't know the fundementals it is very difficult to believe anything you write."

(misspellings are the broker's own)

Phew! I guess he told us off.

Realty Times publisher Peter Miller politely wrote back:

It is common media practice to use the term "Realtor" with a capital "R" and nothing more -- otherwise newspapers and magazines would be filled with copyright marks and content would be difficult to read.

You might, as an example, look at NAR's own news releases and you will see that they do not capitalize all letters except when first writing out their association name. For instance, a recent NAR release states:

WASHINGTON (April 4, 2001) -- April is Fair Housing Month and associations of Realtors® across the country will be working within their communities to help increase public awareness about the importance of ensuring housing opportunities for everyone, according to the NATIONAL ASSOCIATION OF REALTORS®.

"This is a month when our local and state associations are able to show case their commitment to removing barriers to homeownership. The right to own property is an important part of the American Dream, and Realtors® are committed to help making that dream happen for everyone," NAR President Richard A. Mendenhall said.

Or, look at any major newspaper or news service.

We deal constantly with NAR and various professional groups and have never had a complaint regarding this matter. Our practice is accepted, appropriate, and long-standing.

Is Realty Times wrong? Yes, and no, depending on your point of view. If you are a journalist, no. If you are a Realtor wanting desperately to protect a trademark about to be Kleenexed and Xeroxed, yes.

Steve Cook, spokesperson for the NAR, says, "The term Realtor is not to be used generically as it weakens our claim to the trademark and we are under constant attack about that already. Just recently, in order to strengthen our name to the trademark, we are now using the trademarked term throughout our press releases. We realize it isn't proper Associated Press style, but we feel it is important to indicate that Realtor is a trademarked term.

"However, we don't expect the media to use the trademark," adds Cook. "The basis of the style that has been developed in journalism and the prevailing styles do not allow you to do that."

The AP Style

So why don't journalists honor trademarks? Like most Realtors follow a standard of practice provided by their code of ethics, news journalists adhere to their own professional code through style. While there are many styles, most news organizations follow the Associated Press style of reporting. The purpose is to assure readers and others that the news presentation will be consistent and fair.

According to the Associated Press Stylebook and Libel Manual, Addison Wesley, a trademark is "a brand, symbol, word, etc., used by a manufacturer or dealer and protected by law to prevent a competitor from using it." According to the guidelines, editors should "use a generic equivalent unless the trademark name is essential to the story." When a trademark is used, "capitalize it," says the news bible.

News organizations are supposed to be neutral third-party conveyors of news. Reputable news organizations like Realty Times want to avoid even the appearance of favoritism and liability while reporting the news. "We are not a lead generation vendor," explains Miller. "We are merely a news service."

And that brings us to the very heart of the conflict. The use of a trademark word then becomes one idea to the NAR and its members and another to the journalists who write about them. As the trademark holder, the NAR has every right to do what it can to protect its trademark, but trademark protection is not the responsibility of journalists who are reporting the news. In fact, as you read above, news journalists are actively discouraged from using trademarked terms!

The NAR, like many of its members, is concerned that the word Realtor will become part of the common vernacular, Just like "I need some Kleenex," and "Make a Xerox copy," now refer to generic uses instead of the brands they were meant to build, the NAR fears that the same will happen to Realtors, and that Realtors won't be distinguishable from other licensees. But even the world's largest trade organization has its limits on how it presents its trademark to the press. "We are now using the trademark, but we are not using the all caps for the trademark and don't anticipate that we will," says Cook.

He also vows, "We will continue to call editors and reporters when we see the term Realtor used generically."

Published: April 11, 2001

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