Trade-Mark Usage Policy
Last Revised: August 16, 2013
The purpose of this policy is to ensure that those who are authorized to use our trade-marks use them properly. Nothing in this policy grants or otherwise transfers to anyone any license or right to use any of our trade-marks for any purpose.
Unauthorized use of our trade-marks, or trade-marks that are confusingly similar to our trade-marks, constitutes an infringement of our trade-mark rights. If you are uncertain as to whether you are authorized to use any of our trade-marks, please consult with our Marketing Department at +1-519-455-7060.
The words "we", "us" and "our" mean TMI Medical Distribution Inc. and/or an affiliate of TMI Medical Distribution Inc..
What is a Trade-Mark?
A trade-mark can be, among other things, a word, logo, slogan or colour applied to an article. A trade-mark is used in association with goods or services to distinguish those goods or services from those originating from another source. A trade-mark is also sometimes referred to as a brand name.
Our word trade-marks include:
AC*, AERO*, AEROBEAR*, AEROBIKA*, AEROCHAMBER*, AEROCHAMBER PLUS*, AEROCONTROL*, AEROCOUNT*, AERODAWG, AEROECLIPSE*, AEROHIPPUS*, AEROKAT*, AERO-TOGO*, AEROTRACH PLUS*, AEROTRAINER*, AEROVENT*, BOYZ*, COMFORTSEAL*, FLOWSIGNAL*, FLOW-VU*, GIRLZ*, OMBRA*, PLAY HARD…BREATHE EZ*, RESPICHAMBER*, SOLARYS*, STATBAN*, TRUPEAK*, TRUZONE*, Z-STAT*, AEROPEP PLUS*, AEROSPACER*.
Our Design Trade-Marks Include:
This list may be updated by us from time to time. The equity represented by our trade-marks has been built over many years. Our trade-marks, such as AeroChamber*, are well known in many countries and have become synonymous with quality and dependability.
Proper Use of Our Trade-Marks
If you are authorized to use our trade-marks, you must comply with the rules set out below. These rules apply to the use of our trade-marks in advertisements, press releases, letters, memorandums, e-mails, trade show materials, marketing materials, articles, web pages and any other materials regardless of the form.
Any reference to our products and services by their associated trade-marks MUST be truthful, fair and not misleading.
NEVER use our trade-marks to describe a product or service other than a product or service originating from us.
For example, the AEROCHAMBER* trade-mark and the AEROCHAMBER PLUS* trade-mark should only be used to describe our holding chambers. Use of our trade-marks to promote or otherwise describe a competitor's products or services, is not authorized and constitutes trade-mark infringement.
NEVER use our trade-marks as a noun or verb.
Our trade-marks must always be used as adjectives.
- Improper Usage: Please ship to us five AEROCHAMBER PLUS*.
- Proper Usage: Please ship to us five AEROCHAMBER PLUS* Valved Holding Chambers.
When our trade-marks are used repeatedly in a text, you can shorten the noun by using an acronym. For example, in the above case, you can shorten Valved Holding Chamber to VHC by defining the term the first time you use it in your text.
Example: Please ship to us five AEROCHAMBER PLUS* Valved Holding Chambers ("VHCs"). The AEROCHAMBER PLUS* VHCs should be shipped by rail.
NEVER use our trade-marks in any manner that suggests they are your or another person's trade-marks.
Do not combine or incorporate our trade-marks as part of any other trade-marks, trade names or company names.
Our trade-marks should ALWAYS be set apart from other text.
The first letter of our trade-marks must always be capitalized. The entire trade-mark should either be capitalized or bolded and/or italicized to set it apart from the surrounding text.
- Improper Usage: We have been using the aerochamber valved holding chamber for many years.
- Proper Usage: We have been using the AeroChamber* Valved Holding Chamber for many years.
The appropriate trade-mark symbol ® or ™ or * should be inserted immediately at the end of our trade-mark.
If you intend to use any of our trade-marks on a website, you should use the * symbol with an attribution notice as set out below. The ® symbol should only be used if the trade-mark is registered in the jurisdiction where you intend to use the trade-mark.
Please consult with our Marketing Department at +1-519-455-7060, if you do not know which trade-mark symbol you should be using.
Trade-marks that incorporate a design must be reproduced in the same manner as depicted on our products and/or advertisements.
If you require assistance on how to properly reproduce the design (i.e. font size, colour etc.) please contact our Marketing Department at +1-519-455-7060.
A proper attribution notice should be used for our trade-marks.
You should include a notice (i.e. footnote) where our trade-marks appear indicating that they are "trade-marks or registered trade-marks of TMI Medical Distribution Inc.*". In some cases, depending on the jurisdiction, the trade-mark may be owned by an affiliate of TMI Medical Distribution Inc..
You should consult with our Marketing Department at +1-519-455-7060 for assistance with attribution notices. Attribution notices may vary depending on the jurisdiction where our trade-marks are being used.
We reserve the right to make changes to the above Rules from time to time and to impose additional rules/requirements by written agreement or otherwise.
If you are a distributor, your agreement with us may impose additional rules and requirements.
® TMI Medical Distribution Inc. 1997-2010. All Rights Reserved.
® / ™ / * trade-marks or registered trade-marks of TMI Medical Distribution Inc.or an affiliate of TMI Medical Distribution Inc.
** Ontario registered business name