Industry guide · Real estate
How do you trademark a real estate brand or team name?
Brokerages, agent teams, property managers and investors all trademark their names in mostly the same class. The tricky parts are local place names, who owns a team name when an agent leaves, and the words you can't build a brand on.
By Bill, Business Growth Expert · Verified and checked on October 27, 2026
Short answer
Real estate brokerage, agency, leasing, property management and investment services all fall in Class 36. Home building and renovation are Class 37, and short-term rental lodging is Class 43. The USPTO fee is $350 per class. Avoid names built only from a city or neighborhood plus “Realty” or “Homes”, and agree in writing who owns a team name before you invest in it.
Which trademark class covers real estate?
| Service | Class |
|---|---|
| Brokerage, agency, buyer’s agent services | 36 |
| Property management and leasing of real estate | 36 |
| Real estate investment and financing services | 36 |
| Home building, construction and renovation | 37 |
| Short-term rental lodging (temporary accommodation) | 43 |
| Real estate courses, coaching and seminars | 41 |
Most agents and brokerages need Class 36 only. Add a class only for a service you actually offer under the brand, such as a renovation arm or a course for new agents.
Why are local real estate names hard to register?
Real estate is local, so brands lean on place names: “Lakeshore Realty”, “Austin Home Partners”. A name that mainly tells buyers where the services come from is primarily geographically descriptive and is usually refused on the main register. Words like Realty, Homes, Properties and Group describe the service and will typically be disclaimed. That leaves little to protect.
A coined or unexpected word does the work instead: “Keystoneary Home Group” on the sign above is an invented illustration, not a searched mark. See strong vs weak trademarks for how the USPTO judges this, and what a disclaimer means on a registration.
Who owns a real estate team name?
The problem
Teams often operate under a brokerage’s license and marketing. When the team lead moves brokerages, both sides may claim the name.
The fix
Read your independent contractor agreement, agree in writing who owns the name, and file in that owner’s name.
State real estate commissions also regulate how team names appear in advertising, and many require the brokerage name to appear alongside. A trademark registration doesn't override those licensing rules.
Which words should a real estate brand avoid?
- REALTOR®: a registered collective membership mark of the National Association of REALTORS®. Its use is governed by NAR’s rules, so don’t build your own brand around it.
- Another brokerage’s brand: franchise names belong to the franchisor, even if your office uses them.
- Purely descriptive phrases: “Best Home Sellers” or “Luxury Listings” describe rather than identify.
For proof of use, a website page, listing ad or sign showing the name used for brokerage services usually works. When you're ready, see what each filing package includes.
See whether your brokerage or team name is already taken.
Run a free trademark searchReal estate trademark questions
What trademark class is real estate?
Class 36 covers real estate brokerage, agency, leasing, property management and investment services. Construction is Class 37 and short-term lodging is Class 43.
Can I trademark my real estate team name?
Yes, if it is distinctive and used for real estate services. Agree in writing with your brokerage who owns the name before filing.
Can I trademark a real estate name that includes my city?
A name that mainly describes where the services are offered is usually refused as geographically descriptive. Adding a distinctive word makes registration far more likely.
Can I use REALTOR in my trademark?
REALTOR® is a registered collective membership mark owned by the National Association of REALTORS®, so it should not form part of your own brand.
How much does it cost to trademark a real estate brand?
The USPTO fee is $350 per class. Most brokerages and teams need only Class 36.
Related guides
Legal disclaimer: This guide is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm. Ownership disputes over a team name and state advertising rules should go to a licensed attorney or your state real estate commission.
Sources
- USPTO: Fee schedule, checked October 27, 2026
- USPTO: Trademark ID Manual (Classes 36, 37, 41, 43)
- 15 U.S.C. §1052(e)(2): Primarily geographically descriptive marks
- National Association of REALTORS®: Membership Marks Manual
Verified and checked on October 27, 2026.