When the National Association of Realtors (NAR) asked its members to help the trade group identify misuses of its trademarks during the association’s legislative meeting late last month, it unsurprisingly stirred up reactions among real estate professionals. 

“While agents are fighting for listings in the toughest market in years, NAR just spent its midyear meetings policing how you use the word ‘Realtor,’” Kathy Govoreau, a Las Vegas-based agent at Berkshire Hathaway HomeServices Nevada Properties, wrote on Facebook. “Here’s where I have to ask the obvious question: is this really the next hill NAR is going to stand on???” 

Govoreau’s comments came after a presentation by Leslie Nettleford-Freeman, NAR’s associate general counsel and vice president of legal affairs and brand protection, at the trade group’s midyear meeting. The association noted that members have been required to “cooperate and coordinate with NAR in any and all attempts to halt or prevent any unauthorized or improper use of the marks” under its bylaws for years. 

Bigger fish to fry

Across social media, the reaction from the majority of industry professionals seems to be that there are other, larger issues they wish NAR would address. 

“NAR sent its trademark attorney to the Realtors Legislative Meetings to talk about lapel pins. Take the pin off. Put it in your pocket. That was the guidance,” Wendy Forsythe, the chief operating officer at eXp Realty, wrote in a post on  LinkedIn. “Meanwhile, agents are navigating commission lawsuits, MLS data integrity questions, AI disruption in lead generation, and a buyer pool that’s been sidelined by affordability for going on three years.

“NAR’s CEO [Nykia Wright] has said trust with members will be earned back through action. This is the action: a seven-stage brand protection plan and an AI tool to scan for trademark misuse.”

Forsythe noted that association members pay attention to what’s talked about on stage at meetings like this. Although protecting the Realtor trademark from becoming generic is “a real legal question,” she does not believe it is a “top-five problem” for the industry. 

Amit Kulkarni, a co-founder of Alloy Advisors, shared a similar view in a post on LinkedIn, in which he wrote that he was “bewildered” by the news about NAR’s increased trademark usage enforcement. 

“NAR is legally obligated to defend the ‘Realtor’ mark. I get it. Fine. But they chose to make trademark hygiene a headline at their legislative meetings, highlighting a reporting form, a “self-correct” campaign, and put the cherry on top by encouraging members to rat on other members,” he wrote. “And this is at the same time that the MLS is fragmenting, Clear Cooperation is collapsing, and the private-listing situation is fully out of control with no real governance or rules for any participants to point to.” 

According to Kulkarni, if NAR wants to “elevate the Realtor brand” as it has described in its 2026-2028 Strategic Plan, it should focus on things like increasing the standard required to enter the industry. 

“You can’t make ‘Realtor’ mean quality when the bar to become one is as little as 60 hours of coursework and a multiple-choice exam,” Kulkarni wrote.

Jason Peck, an eXp Realty-brokered agent, noted in a comment on Kulkarni’s post that protecting a trademark and elevating a brand are not the same thing. 

“If the goal is for consumers to associate ‘Realtor’ with higher-quality representation, the larger conversation has to be standards, competence, transparency, and measurable consumer outcomes,” Peck wrote. “Correcting language may protect the trademark. It does not, by itself, strengthen the value proposition behind it.”

How NAR is using AI

In addition to asking members to fill out its Brand Infringement Intake Form if they come across unauthorized uses of the Realtor brand, NAR has also publicly stated that it was “leveraging AI tools to strengthen brand protection, allowing NAR to identify trademark infringement earlier than ever before and take appropriate action.”

Although this was noted in NAR’s 2025 Annual Report, the point is one that some disgruntled industry professionals have latched onto in the discussion about increased trademark protections. 

In a post on LinkedIn, Chicago-based agent Steven Koleno shared an opinion article written by Wendy Gilch, the founder of Selling Later and a fellow at the Consumer Policy Center. Gilch argued that this is an example of NAR focusing its efforts on the wrong thing, and Koleno wrote that he “couldn’t agree more.” 

“If AI is going to be used, don’t use it to hunt down trademark violations. Use it to identify misleading consumer claims. Use it to flag agents telling buyers their services are ‘free.’ Use it to flag agents claiming there’s a ‘standard commission.’ Use it to flag misleading compensation conversations, steering, hidden incentives, and advice that puts industry interests ahead of consumer interests,” Koleno wrote. 

He added that consumers “don’t care who owns a trademark,” but they do care about trusting the professional they’ve hired to guide them through what may be the largest financial decision of their lives. 

The bright side

Although much of the industry feedback to this move by NAR has been negative, some industry professionals have posted on social media to support the move.

“Realtor is very quickly on the path of Kleenex, Xerox, Coke and many other brand names that had become the name for the generic,” Nick Nowak, a New Jersey-based managing broker at eXp Realty, wrote in a post on LinkedIn.

“NAR has defended lawsuits in the past, and have only been able to keep their trademark, due to active enforcement. That enforcement is part of a defensible position when a legal claim arises again. So I don’t bemoan the enforcement of the term.”

But Nowak agreed that NAR could be putting its resources toward other things like searching for noncompliant members making false claims in their advertising. 

Brian Phillips, a New York-based associate broker at Douglas Elliman, noted in his post on LinkedIn that he was “encouraged” to see NAR taking a more “proactive approach” to protecting its trademarks.

“Trademarks can lose their legal protection when the public begins using them as the generic name for a product or, in this case, a profession,” he wrote. “That makes me wonder whether earlier and more consistent trademark enforcement could have reduced some of the confusion between ‘Realtor’ and ‘real estate agent’ that exists today.

“If the Realtor trademark is worth protecting, then it should be used only by those who are NAR members and who have accepted the professional and ethical responsibilities that come with that membership.” 

As part of NAR’s 2026-2028 Strategic Plan, the group released a multipart trademark video series to educate members and staff on proper trademark usage. It also offers a trademark toolkit for associations and members which includes turnkey social media assets that promote correct usage of the trademark.

A NAR spokesperson issued a statement to HousingWire in which it defended increased efforts around trademark protection.

“Protecting the REALTOR® trademark has always been a core responsibility of the National Association of REALTORS®. The REALTOR® brand is one of our members’ most valuable assets. It helps our members get to their next transaction by distinguishing members, who must abide by the Code of Ethics and Professional Standards, from non-members which strengthens consumers’ preference for working with REALTORS®,” the statement read.

“NAR’s brand protection efforts are primarily focused on preventing unauthorized use of NAR’s trademarks by third parties. When trademark issues involve REALTOR® members, NAR looks to educate and provide guidance to encourage voluntary compliance. Trademark protection is just one example of the work our best-in-class legal team undertakes every day on behalf of members, alongside modernizing the Code of Ethics and Professional Standards, litigation advocacy, MLS resources, and other efforts that protect the interests of REALTORS® and the consumers they serve.”