UPDATED JULY 1, 2014
PLEASE READ THIS U.S. TRADEMARK USAGE POLICY (THIS "POLICY") CAREFULLY BEFORE USING ANY OF THE HYGENIC CORPORATION'S ("HYGENIC") TRADEMARKS (DEFINED BELOW). THIS POLICY GOVERNS YOUR USE OF SUCH TRADEMARKS.
This Policy and the rights herein are subject to change and modification by Hygenic, at Hygenic's sole discretion, at any time. Changes to this Policy shall be immediately effective and a copy of the revised Policy shall be placed on the Web Site (defined below). As used in this Policy, "Trademark(s)" means Hygenic's registered and non-registered trademarks and service marks, (including, but not limited to, the name "Hygenic," and any logos, slogans, and product names and brands) trade names and trade dress.The term "you," "your" or "yourself" shall refer to the authorized Hygenic dealer/distributor who (i) has been provided a user name and password to download Trademarks from the web site www.PerformanceHealthDealers.com (the "Web Site"), and (ii) who have signed and returned to Hygenic an Authorized Dealer Guidelines form for TheraBand™ and/or Biofreeze® and products (the "Authorized Dealer Guidelines"). Only you may use your user name and password to access the Trademarks.
The Hygenic Corporation has developed this Policy to assist you in properly using its Trademarks. The Trademarks are valuable assets of Hygenic. The strength of a mark depends upon its consistent and appropriate use. Use not in accordance with this Policy may dilute the Trademarks making them more difficult to protect and may constitute trademark infringement and unfair competition under state and federal laws. In following this Policy, you help us protect our valuable trademark rights and strengthen our corporate and brand identities.
1. RIGHTS; OWNERSHIP OF THE TRADEMARKS
Only authorized Hygenic dealers/distributors that have signed the Authorized Dealer Guidelines and returned the same to Hygenic (an "Authorized Dealer") shall have the right to use the Trademarks. Such Authorized Dealers shall have the right to use the Trademarks solely in the United States on marketing, promotional and sales materials used in connection with the distribution, marketing and promotion of Hygenic Products (defined herein). If you are not an Authorized Dealer, you do not have permission to use the Trademarks.Except for the limited right to use the Trademarks expressly permitted under this Policy, no other rights of any kind are granted to you hereunder, by implication or otherwise. Your use shall be in accordance with this Policy and other policies regarding marketing and promotion and trademark usage as communicated by Hygenic to you from time to time.
The term "Products" shall mean those Hygenic products that you are authorized to sell and distribute, as set forth in Hygenic's current Dealer Price List provided to you by Hygenic. The Trademarks are the sole and exclusive property of Hygenic and/or its affiliates and any and all use of the Trademarks by you and all goodwill associated with your use of the Trademarks shall inure to the benefit of Hygenic.
You acknowledge the validity of the Trademarks and further acknowledge that at all times, Hygenic retains the exclusive right to own, use, hold, apply for registration for, and register the Trademarks. At no time, either during the period in which you are an Authorized Dealer or thereafter, shall you (i) assert any interest or property rights, or register, attempt to register or adopt any domain names, trademarks, service marks, trade dress or trade names or other similar designation with respect to any Hygenic products, or that are confusingly similar to any Trademark, or (ii) permit or acquiesce in any of the foregoing activities by any third-party.
2. RULES FOR PROPER USE OF THE TRADEMARKS
Trademarks should be used as adjectives rather than nouns. In the product name Biofreeze® Pain Reliever, the trademark “Biofreeze®” modifies the noun “Pain Reliever.” Do not use Biofreeze® or any only trademark alone to represent the product because this dilutes the trademark from a legal standpoint.Here are examples of trademarks and descriptions for Hygenic’s products. Please contact the Hygenic Trademark Policy Administrator (refer to Section 6 of this Policy, “Questions”) if you have questions pertaining to a particular product.
TheraBand™ System of Progressive Resistance™
TheraBand™Professional Resistance Bands
TheraBand™ First Step to Foot Relief™
TheraBand™ Hand Xtrainer™
Biofreeze® Pain Reliever
Biofreeze® Build Your Practice Program™
Pedigenix® Foot Care System
Parabath® Paraffin Heat System
Aquafins® Aquatic Exercise Kit
Company Name Use: The Hygenic Corporation is the full legal name of our company; it is our trade name. The first appearance of our trade name within a document, or section of a document, should always bear the full name: The Hygenic Corporation. It is acceptable to shorten the name to Hygenic for additional appearances. Trade names are proper nouns and should be used in the possessive form, as in “Hygenic’s Customer Service Department.” It is not appropriate to use trademark symbols (™, ®) with a trade name.
Use of Trademarks that Consist of Designs, Colors and/or Logos. Any Trademarks that consist of any design, color and/or logo should be taken from a Hygenic image file contained on the password protected portion of the Web Site. These Trademarks may not be modified in any manner. Whenever a Trademark is used in color, the color is an integral and immediately recognizable part of the mark. The colors and color sequence of Trademarks may not be altered in any way. For example, whenever the TheraBand™ logo is used in color, the color sequence from top to bottom is silver, black, blue, green, red and yellow, and may not deviate from this sequence.
Variation, Alteration and Abbreviation of the Trademarks. You may not use a variation of any Trademarks. Variations of the Trademarks may confuse consumers as to the source of goods or services bearing the altered mark, and such uses may infringe Hygenic's trademark rights and be actionable under applicable laws. Further, you may never alter or modify the Trademarks that are affixed to or appear on Hygenic
products. For example, the use of trade dress that incorporates all or part of the TheraBand Color Trade Dress or descriptors (silver, black, blue, green, red and yellow) on the same or similar products to TheraBand products is likely to be confusing and is not permitted. Similarly, re-logo-ing (replacing a Trademark with your or any third-party logo or mark) and co-logo-ing (adding your or any third-party logo or mark to the Hygenic product) are not permitted in the absence of a written agreement with Hygenic. You cannot use a phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Trademark for any purpose.
3. PROPER TRADEMARK ATTRIBUTION: SYMBOLS AND LEGENDS
Trademark ownership is attributed in two ways; with the use of a trademark symbol (TM or ®) after the trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright or other legal notice. Remember, mere inclusion of a trademark symbol and/or legend does not entitle you to use a Trademark if you are not otherwise authorized to do so.
The ® symbol (federally registered Trademarks) or TM symbol (non-registered Trademarks) is placed immediately after the Trademark in superscript (e.g., Biofreeze®). If you don't have the appropriate symbol keys in your word processing software, then using the TM symbol in parenthetical form is also permissible (e.g., (TM)).Do not use the ® symbol for a Trademark that is not federally registered in the United States. Falsely indicating (whether intentionally or by mistake) that a Trademark is federally registered in the United States (e.g., using the ® symbol) when it is not can trigger sanctions in the United States.
Please refer to Section 2 of this Policy ("Rules for Proper Use of the Trademarks") for examples of the proper use of the ® symbol or the TM symbol for certain Hygenic products. If you have doubts as to the proper use of such symbols in connection with any Hygenic products or the Trademarks, please contact the Hygenic Trademark Policy Administrator (refer to Section 6 of this Policy, "Questions").
A trademark symbol is required for all prominent use of a Trademark (e.g., in brochures, catalogs and web sites). In addition, a trademark symbol is required upon the first use of a Trademark in any text or body copy.
The trademark legend is the legal text that identifies Hygenic as the owner of the Trademarks. The legend should be printed in legible type and in a location typically used for copyright and other legal notices. For example, legends are typically printed at the end of a document or advertisement, on the back page of a brochure or flier, on the front cover of documents, or on the bottom of a web page. Unless you have an agreement with Hygenic that indicates otherwise, you must use the following standard Hygenic legend in all marketing, promotional and sales materials bearing any Trademarks:
Use of Trademarks Outside the United States:
If you have received written authorization from Hygenic to distribute Hygenic products outside the United States, you must contact the Hygenic Trademark Policy Administrator (refer to Section 6 of this Policy, "Questions") prior to your use of any Trademark outside the United States regarding the proper trademark symbol and legend to use in connection with your marketing, promotional and/or sales materials bearing any Trademark. Do not use the ® symbol for a Trademark that is not registered in the particular country in which you distribute Hygenic products and/or marketing, promotional and sales materials bearing any
Trademarks. Falsely indicating (whether intentionally or by mistake) that a Trademark is registered outside the United States (e.g., using the ® symbol) when it is not triggers various civil and criminal penalties in many nations around the world. It is imperative that you contact the Trademark Policy Administrator to determine the proper use of a Trademark in a particular country.
4. PROHIBITED USES OF THE TRADEMARKS
In addition to the prohibited uses set forth above in this Policy, Hygenic does not permit you to use any Trademark in the following ways:
- As part of your own trademark
- In combination with other non-Hygenic trademarks
- To identify products or services that are not Hygenic's
- In a manner that would imply Hygenic's affiliation with or endorsement, sponsorship or support of a third-party product or service
- In a manner likely to cause confusion between Hygenic's products and those of a third party
- In a manner that disparages or defames Hygenic, any of its products, or any other person or entity
- In a manner that may, in Hygenic's judgment, diminish goodwill in a Trademark
- In connection with any unlawful activities or to encourage unlawful activities
5. QUALITY CONTROL; REVIEW OF TRADEMARK USE BY HYGENIC
In addition to the above, you agree that your marketing, promotional and sales materials will be of high quality, in good taste and will preserve the professional image and reputation of Hygenic, its products and the Trademarks. You further agree to comply with any reasonable requests made by Hygenic designed to maintain or improve the quality standards of marketing, promotional and sales materials bearing the Trademarks. All services rendered by you shall comply with all foreign, federal, state and local laws and regulations applicable to you with respect to the promotion and sale of products bearing any Trademarks.
Hygenic reserves the right to review all uses of the Trademarks by you and to conduct periodic spot checks of such use. Upon request from Hygenic, you must provide a copy of any marketing, promotional and sales materials bearing a Trademark. You must correct any deficiencies in the use of a Trademark upon reasonable notice from Hygenic. Refusal to correct such deficiencies may result in revocation of your Authorized Dealer status and/or the rights to use the Trademarks.
Any questions regarding this Policy and the proper use of the Trademarks should be directed to:
The Hygenic Corporation
Trademark Policy Administrator
1245 Home Avenue, Akron, Ohio 44310