Marketing yourself is vital in the real estate industry. However, it’s important that you follow trademark rules, IMLS rules, IREC’s rules, as well as consumer protection laws, so you don’t find yourself in legal trouble or with a hefty fine.
Only those real estate licensees who are members of the National Association of REALTORS® (NAR) may refer to themselves as “REALTORS®.” While members are not required to use the REALTOR® term in their marketing, they are encouraged to do so. As a federally registered trademark, it must be used in accordance with NAR’s trademark rules, which Boise Regional REALTORS® (BRR) is required to enforce among its membership and within its jurisdiction.
Below is information about what’s allowed and what is not regarding the trademark rules.
GENERAL USAGE
REALTOR® members of NAR may refer to themselves as such in their marketing, in connection with their name or brokerage (but not team names, or with adjectives or other descriptors) using all capital letters and the ® trademark symbol, as well as separating punctuation where noted:
| Proper Usage |
| Jim Smith, REALTOR®
REALTOR® Jim Smith Uptown Realty, Inc., REALTORS® Smith & Associates, REALTORS® Sunshine Homes, REALTORS® Johnson Realty, REALTORS® AAA Team with Johnson Realty, REALTORS® Jones, Inc., REALTORS® |
| Improper Usage |
| Jim the realtor
Uptown REALTORS®, Inc. Smith REALTORS®, Ltd. Sunshine REALTORS Homes Johnson Realty REALTORS® AAA Realtor Team Jones, Inc., REALTORS®/Builders Boise’s Best Realtor |
A frequently asked question by agents who have incorrectly used “REALTOR®” in connection with a location or other adjective, is why the BRR and Idaho REALTORS® (IR) names are allowed. It’s due to an exception that NAR has for associations; however, that does not extend to members.
INTERNET AND SOCIAL MEDIA USAGE
NAR provides some flexibility to use adjectives or descriptors in connection with your name on social media and with websites and email addresses (including .realtor domains; visit get.realtor for details).
While you can use adjectives and locations as part of a username or email address, the descriptor may not modify the term REALTOR®. For example, if you wanted to include a city or state in your marketing, you could say “Idaho_Jane_REALTOR” as Idaho is describing Jane. However, “Idaho_REALTOR_Jane” would not be appropriate as Idaho is now describing REALTOR®:
| Proper Usage |
| @realtorjimsmith
realtorjimsmith.com realtorjimsmith@email.com
@jimsmithrealtor jimsmithrealtor.com jimsmitrealtor@email.com jimsmith.realtor jim@jimsmith.realtor
@boisejimsmithrealtor boisejimsmithrealtor.com Realtorjiminboise@email.com boisejimsmith.realtor jim@boisejimsmith.realtor
@townhomejimrealtor townhomejim.realtor jim@townhomejim.realtor |
| Improper Usage |
| @jimtherealtor
jimtherealtor.com jimtherealtor@email.com
@uptownrealtors uptownrealtors.com uptownrealtors@email.com
@aaarealtorteam
@boiserealtorjimsmith boiserealtorjimsmith.com boiserealtorjimsmith@email.com Jimboise.realtor
@boisebestrealtor
@yourtownhomerealtor yourtownhomerealtor.com jim@yourtownhomerealtor.com |
You are required to use REALTOR® in all capital letters with the registration symbol and separating punctuation, such as a comma, whenever it is possible to do so. However, NAR is aware that social media handles, emails, domain names, and the like do not support this, which is why the examples above are acceptable.
MISUSE OF THE TRADEMARK
Often the misuse of the trademark is unintentional. Nevertheless, it must be corrected in all instances, including but not limited to advertisements, websites/URLs, email addresses, social media profiles, business cards, signs, etc., as soon as possible — expenses we would much rather see members avoid. This is why BRR shares this information with new members and sends an annual reminder to all members. We ask that you review it when considering changes to branding and before new materials are created.
LOCATING THE TRADEMARK SYMBOL ON YOUR DEVICES:
To get the trademark ® symbol on your computer, use Alt+0174 on PCs, Option+R on Macs, or type “(r)” and hit Enter.
To get the trademark ® symbol on iPhones, click the smiley face to open your emoji keyboard, scroll to the right until you get to “symbols’” and locate the ®. Once you use it a few times, it will show up under your recently used emojis.
To get the trademark ® symbol on Androids, click the “?123” button, then press the “~(“ button to get to the second symbols page. Locate the ® symbol and click it to insert it into your text message. Touch the “ABC” button to return to your normal keyboard.
More information about NAR’s trademark rules, including those for using the REALTOR® “R” logo, is available at realtor.org/logos-and-trademark-rules, including the requirement to use the term in all caps and with the trademark ® symbol. Additional information about using it on social media is at nar.realtor/logos-and-trademark-rules/trademark-use-on-social-media, for instances where the trademark ® symbol is not available.
If you have any questions about this, please contact BRR Director of Communications, Taylor Gray, at taylor@boirealtors.com. You can also reach out to us to request a review of your branding, marketing, communications, etc., to ensure the trademark is being used properly.
And if your marketing materials are currently misusing the trademark, we thank you in advance for getting them corrected as quickly as possible.
Thank you for your assistance in protecting the REALTOR® brand in our market!
ADDITIONAL RESOURCES
Idaho Real Estate Commission (IREC) has issued Guidelines 12 and 13 to help real estate licensees comply with Idaho Code, as it relates to advertising and online marketing. For more information on Section 54-2053 of the Idaho Code, visit IREC’s Real Estate License Law & Rules Booklet or go to the Idaho Statues online.
Cold calling and texting property owners can be an effective tactic to find new listings in our low inventory market. However, when conducting this kind of marketing outreach, it’s important to be respectful and always adhere to applicable laws.
Here are some telemarketing best practices and laws to keep in mind before you pick up the phone:
- Get written consent from consumers before adding their contact information to your data base.
- Always provide an opportunity to “opt-out” or “unsubscribe” from text messages or marketing phone calls.
- If someone “opts-out” from your calls or texts, promptly remove them from your contact list.
- All consent and opt-out records should be saved for at least 4 years.
- Review the National Do-Not-Call (DNC) registry at least once every 30 days, removing contacts from your database who show up on this registry.
- If you have done business with an individual who is on the DNC registry, you may contact them for up to 18 months after your initial business dealings.
- FSBO properties and expired MLS listings may only be contacted if you have a seller who is interested in the property or if the owner is not listed on the DNC registry.
- Maintain an internal Do-Not-Call lists for those who opt-out of your database.
For more information, please review the following resources provided by the National Association of RELATORS®:
- Telemarketing & Cold Calling, NAR
- Comply with the Do Not Call Registry, NAR’s Window to the Law
- Do You Know Who You Are Calling?, REALTOR® Magazine
- TCPA and Texting, NAR’s Window to the Law
Certifications, designations, awards, client recommendations – these are all positive ways to set yourself apart from the competition.
BRR celebrates members by recognizing them with production awards (application is required), peer nominated and verified professionalism awards, and highlight our RPAC major investors.
