The MLS® certification marks are owned by the Canadian Real Estate Association, and because they are registered trademarks there are rules every agent and office should know about how and when the marks can be used. Since trademark law can be a bit tricky, we’ve put together a quick guide to approved uses — and common abuses — of the MLS® and REALTOR® trademarks.
The MLS® & REALTOR® Trademark Rules
- Always use capital letters. All letters in MLS® and REALTOR® or REALTORS® must always be capitalized.
- Always include the ® mark. The registered mark must always be included. Look for the red ® symbol in the Redman content and page editors for a fast and easy way to add this mark where needed on your website.
- Always use the term “MLS® System”. If you’re referring to the cooperative selling system of your Board or Association, referring to the system as simply “the MLS®” is incorrect.
- Never use MLS® or REALTOR® in domain names. CREA specifically does not allow agents to use either mark in domain names.
- Never use MLS® or REALTOR® in meta tags. CREA does not allow the use of any of its registered marks in meta tags including your page title, page description or page keywords, even in the correct context.
The MLS® Mark
The MLS® mark is described in the CREA’s Trademark Toolkit as follows:
CREA, as the owner of the MLS® marks, licenses its member real estate Boards to use those marks in association with the operation of their co-operative selling systems. Accordingly, the proper identification of these systems is “MLS® Systems”.
The power of an MLS® System emanates from the underlying standards of the MLS® mark that are applied to its operation.
Describing an MLS® System as a “database” is akin to describing the theory of relativity as a “bunch of numbers”. It is so much more.
It’s important to remember that the MLS® mark is not a “thing” and should not be used as a noun. Rather, the MLS® mark should always be used an an adjective to describe a standard of service rather than a listing system.
As an example, saying “I placed a listing on the MLS®” is an incorrect use of the MLS® trademark since it implies the MLS® is a database. A correct use would be to say “I placed a listing on the Edmonton Real Estate Board’s MLS® System”. The correct usage shows that the MLS® is a kind of database, one that complies to a higher standard of service and cooperation, rather than the database itself.
The REALTOR® Mark
The REALTOR® mark specifically identifies a person who is a member of the Canadian Real Estate Association and subscribes to a higher standard of professional real estate services and code of ethics.
The word REALTOR® is not synonymous with the term “real estate agent”. It is not interchangeable with the word broker, agent or other job a real estate professional performs. It should only be used to clearly identify membership in the CREA.
The easiest way to remember this rule is to never use adjectives with the word REALTOR®. The phrases “Top Selling REALTOR®”, “Your Edmonton REALTOR®” and “Community REALTOR® are all trademark infringements because the word REALTOR® becomes a job description rather than an identification of CREA membership.
If you’re not certain whether your use of the marks is correct or an infringement, the best proactive solution is to contact your Real Estate Board or the CREA for more information. Both organizations will be able to provide you with the full policies and rules for using the MLS® and REALTOR® trademarks, including additional clarification on context rules.
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