OmGym® TRADEMARK USAGE GUIDE
The OmGym® trademarks are important business assets of OmGym International, LLC and should be treated with a high level of care. People around the world, including our company, rely on our trademarks to identify our products and services and to distinguish them from others. As the creators and global leaders of suspension equipment, courses, and accessories, OmGym International takes great pride in our products and programs and works relentlessly to constantly improve what we offer. We believe that our passion for excellence is unrivaled.
If OmGym International's trademarks became "generic" in a particular area, they might cease to protect consumers and us from knowing the source of our products and services – anyone may be able to use them without concern of a trademark infringement claim, creating confusion in the marketplace. This is because the word or symbol would no longer indicate to the public that the products, or services bearing the OmGym® trademarks originate from one source, namely, OmGym International, LLC.
Trademark offices around the world provide our company with legal means for protecting consumers, licensees, distributors and our company from imitation, infringing or counterfeit products and programs. These rights include the exclusive right to use our trademarks in the countries where they are registered. Our registered trademarks enjoy a presumption of validity around the world. Proper use of our trademarks serves to distinguish OmGym® products and services from the products and services of other companies, prevents the likelihood that consumers are confused, and helps prevent damage to our marks, including, for example, tarnishment, dilution and genericization.
We respectfully request that you support our efforts to enforce the OmGym® trademarks and take steps to use them properly and avoid confusion or potential misuse that may yield liability. If you have any questions concerning the proper use of the OmGym® trademarks, please feel free to contact us via our support page.
THE OmGym® TRADEMARKS
The OmGym® word mark, and OmGym® standard character mark are registered trademarks of OmGym International , LLC. (Collectively, "The OmGym Trademarks").
THE WORD OmGym® DOESN’T MEAN ANYTHING
The word OmGym® was coined by our company, and is an arbitrary, or fanciful, word we selected as the original brand name that identifies OmGym International's fitness and yoga products. The OmGym® brand name and related word and logo trademarks should only be used to indicate the source of our particular programs and related products and should not be used to refer to any fitness program or goods or services other than OmGym International's and it's authorized licensee's programs.
WHO MAY USE THE OmGym® TRADEMARK AND LOGO?
Only those licensed by OmGym International, LLC have any rights to use the OmGym® trademarks. Licensees are required by contract and law to follow the guidelines in their written license agreements. We ask that our licensees and enthusiasts of the OmGym® program everywhere contact us immediately if they become aware of any unauthorized or improper use of the OmGym® trademarks by emailing license@omgym.com.
PLEASE OBSERVE THE FOLLOWING TRADEMARK USAGE RULES
1. USE THE SERVICE OR PRODUCT’S GENERIC NAME:
It is important to use the trademarks to describe the generic name of the products and services. At a minimum, use the generic term after the trademark in each written communication, the first time the marks appear, and in headers or highly visible locations. And always use the trademark indicators ® and ™ after the trademark.
Examples:
OmGym® Suspension System, OmGym® training programs, OmGym® routines, OmGym® courses
2. USE A TRADEMARK NOTICE:
We require the use of the ® trademark notice one or more times in all printed materials and advertising.
Registered Marks requiring ® symbol: OmGym®
3. USE THE TRADEMARK DISTINCTIVELY:
The OmGym® Trademarks should include capitalization of the "O" and "G" when written in print, while the logo is entirely lowercase. The word OmGym is one word and should not include any space or dashes.
4. USE THE FOLLOWING TRADEMARK DESIGNATION:
OmGym® is a registered trademarks of OmGym International LLC, used with permission.
5. AVOID VARIATIONS:
Do not change the spelling, insert hyphens or combine two words into one. (Incorrect: "You’ll love OmGym-flying")
6. AVOID INCORRECT GRAMMATICAL USE:
Never use the OmGym® Trademarks as nouns or verbs. For example, never use "OmGym" as a verb to describe an exercise program or class. It is proper to say "I love OmGym Training" and improper to say "I love to OmGym".
7. AVOID USING THE OmGym® TRADEMARK AS A TRADE OR COMPANY NAME:
It is incorrect to use or refer to the OmGym® Trademarks as a trade name (e.g., company name or facility name). For example, don't name your company with OmGym® in the title. Name your company something else and say that it offers OmGym® equipment or classes.
THE OmGym® TRADEMARKS SHOULD NOT BE USED IN THE FOLLOWING WAYS:
With the letters "O" and "G" not capitalized in print—For example, Omgym or omgym fitness.
Misspelled — For example, "OmniGym" is not allowed.
As a verb — For example, "once you OmGym, you’ll be hooked" is not allowed.
As a noun — For example, "OmGym is my favorite exercise" is not allowed.
As part of a trade name — For instance, "The California OmGym Center" is not allowed.
As a generic term — For example, as a name for a fitness program "My gym offers OmGym" is not allowed.
To advertise programs or products not affiliated with OmGym International, LLC.
USE OF THE OmGym® LOGOS
The OmGym Logos were designed to designate products and services developed by OmGym International, LLC and may be used by licensees in their exact form and only to advertise and promote OmGym programs. Under no circumstances may the OmGym Logo be used, without OmGym International, LLC's express written consent, to manufacture and sell products such as clothing or any other merchandise.
LIABILITY
As information on our website is provided free of charge, we do not accept liability for it. We will not be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the website or information on the website.
You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify OmGym LLC immediately of any unauthorized use of them or any other breach of security regarding our website that comes to your attention.
We will not pass on your details to any other companies (with exception of the delivery companies). We may from time to time identify and inform you of other products, available discounts or other services offered by OmGym LLC which would be of interest to you. For further information, please see our Privacy Policy.
LIMITED WARRANTY
OmGym Suspension Systems carry a 1 year manufacturer's warranty. The warranty excludes normal wear and tear on parts. This covers replacement of components where a manufacturing defect results from normal usage. This warranty does not cover components that have been abused, altered in any way, mistreated or purchased from non-authorized dealers or individuals. Any physical alteration of an OmGym Suspension System voids the warranty and potentially violates OmGym LLC’s intellectual property rights. Your sales receipt, showing the date of purchase of the product, is your proof of the date of purchase. This warranty becomes VALID ONLY if the Product is assembled / installed according to the instructions / directions included with the product. This warranty does not extend to any product that has been damaged or rendered defective: (a) as a result of accident, misuse, or abuse or lack of reasonable care; (b) by the use of parts not manufactured by OmGym LLC or sold by OmGym LLC; (c) by modification of the product; (d) as a result of service by anyone else other than OmGym LLC. During the warranty period OmGym LLC will at no additional charge replace part(s) or repair the product (at OmGym LLC's option) if it becomes defective, malfunctions or otherwise fails to conform with this warranty under normal, non-commercial, personal, family or household use. In repairing the product, OmGym LLC may replace defective parts or at the option of OmGym LLC, use serviceable used parts that are equivalent to new parts in performance. All exchanged parts and products replaced under this warranty will become the property of OmGym LLC. OmGym LLC reserves the right to change manufacturers of any part to cover any existing warranty. If a product is either received faulty or it develops a fault, please contact us immediately at info@omgym.com . OmGym LLC will, at its option, repair the product, replace the product or issue a refund. You will not be charged for the cost of returning a defective product. Returns must be made through the place of purchase.
JURISDICTION AND VENUE
This Agreement shall be governed by and construed and enforced in accordance with the laws of United States of America. Each of the parties consent to exclusive jurisdiction and venue in the courts in California, USA.
ELECTRONIC AND FACSIMILE COMMUNICATIONS
When you visit OmGym.com or send e-mails or faxes to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further understand that by providing your fax number(s) and email address(es), that you consent to receive faxes and emails sent by or on behalf of OmGym and that you have the requisite authority to give this permission to OmGym on behalf of yourself and your company.