News & Resources

By Rebecca Urland Monzi

In today’s competitive commercial real estate market, there is great value in establishing a strong and recognizable brand. Whether you are a developer, brokerage firm, property management company, or commercial landlord, your brand identity distinguishes you from competitors. 

However, creating a name, logo, or slogan is just the first step—securing a trademark or service mark is what truly protects your brand’s value. 

Intellectual Property in Real Estate 

A strong, legally protected brand helps establish trust, attract clients, and create long-term business value. For real estate businesses, intellectual property (IP) may include: 

• Company names 
• Logos and design marks 
• Slogans and taglines 
• Names of unique developments or projects 
• Property management services and branded amenities 
• Domain names 
• Trade names 

Why is Intellectual Property Crucial for Real Estate Companies? 

Without proper trademark and service mark protection, companies risk brand dilution, legal conflicts, and lost opportunities for expansion. Below are key reasons why state and federal registration of your marks is essential for real estate businesses: 

Establishing and Protecting Brand Identity: In the real estate industry, reputation is everything. A well-known name or logo signals quality and reliability to buyers, tenants, and investors.  However, without proper protection, another company—even inadvertently—could adopt a similar (or even the same) name or logo, diluting your brand’s strength. Registering your IP prevents others from misusing your brand identity and allows you to take legal action against potential infringements. 

Preventing Costly Legal Disputes: Many real estate companies invest significant resources in marketing, only to discover later that their business or project name is already registered by another entity. This oversight can lead to legal disputes, costly rebranding efforts, and lost market recognition. By conducting proper searches and registering early (even before a mark is used in commerce), real estate businesses can avoid conflicts and establish exclusive rights to their branding elements.   

Increasing Business and Property Value: IP is a valuable intangible asset that adds to a company’s worth. In commercial real estate, a well-known company or property name can enhance the perceived value and attract tenants or buyers, directly affecting market value.  

Enhancing Marketability and Expansion: A protected brand is easier to franchise, license, and expand into new markets. If a real estate company wants to open offices in multiple states or develop multiple properties under a recognized name, a federally protected mark ensures that others cannot legally use the same or similar branding anywhere in the country.  

Digital Protection and Online Presence: Registered marks help safeguard digital assets. Having a federally registered mark can aid in securing domain names and enforcing brand protection on social media platforms.   Timely registration at the federal level can also help prevent cybersquatting and brandjacking, both of which have become increasingly prevalent in today’s online world.  Additionally, major online platforms often require trademark registration to remove infringing content, making it a crucial step in protecting a company’s online reputation. 

Steps to Securing Your Intellectual Property  

While securing a trademark or service mark may seem complex, taking the right steps early can prevent legal issues and solidify your brand’s identity. Here’s how real estate businesses can successfully obtain and maintain IP protection: 

1. Conduct a Search: Before selecting a name, logo, or slogan, perform a comprehensive search through the U.S. Patent and Trademark Office (USPTO) database and other relevant sources to ensure no similar trademarks exist in your industry or that could otherwise cause the USPTO to deny your registration, such as a confusingly similar mark (regardless of industry). 
2. File an Application: Once you confirm your brand element is unique, submit an application with the USPTO. This process typically includes specifying the scope of services and/or goods to be protected by your mark and providing an example of its use in commerce. 
3. Monitor and Enforce Your Trademark: Once you have a mark registered with the USPTO, actively monitor the marketplace for potential infringements. If another company uses a similar name or logo, take appropriate legal action to enforce your rights. 
4. Maintain and Renew Your Marks: Federally registered marks require periodic renewal and proof that they are still actively being used in commerce. Ensure compliance with all deadlines to maintain your exclusive rights. 

Common Pitfalls for Commercial Real Estate Companies 

Even with the best intentions, commercial real estate companies can make critical IP protection mistakes. These missteps can lead to legal disputes, brand confusion, and costly rebranding efforts. To safeguard your business’ IP assets, be aware of these common pitfalls: 

• Failing to Register Early: Many companies assume that simply using a name or logo grants them ownership rights. However, without proper registration at the state level and with the USPTO, stopping a company behind you in time from using the same name or logo can be challenging, at best. 

• Overlooking Geographic Limitations: If a company plans to expand beyond one state, it’s crucial to register with the USPTO rather than solely relying on common law or state-level protection. 

• Using Generic or Descriptive Terms: The use of overly generic names (e.g., “Luxury Homes” or “Downtown Realty”) can be problematic, as these terms lack the distinctiveness required for legal protection. 

• Ignoring Ongoing Brand Monitoring: Once a mark is registered, companies must continuously protect it against misuse or infringement. 

A Small Investment for Long-Term Security 

Commercial real estate companies invest heavily in branding, from signage and marketing materials to online presence and project naming.  IP is a powerful tool that ensures these investments remain protected, preventing confusion, legal disputes, and brand dilution. 

Whether you’re launching a new property, rebranding, or expanding into new markets, or just haven’t thought how failing to protect your IP could affect your CRE business, now is the time to refocus on your intangible assets.   

Rebecca Urland Monzi is a commercial real estate and corporate attorney who started her legal career in intellectual property.  For more information, contact rmonzi@fmlaw.com.  

The content on this blog is for informational purposes only and does not constitute legal advice. The information provided should not be relied upon as a substitute for professional legal counsel.