Guidelines for Using Ergonomyx Trademarks and Copyrights

These guidelines are for Ergonomyx Technologies Canada Inc. “Ergonomyx”, contractors, licensees, authorized resellers, developers, customers, and other parties wishing to use Ergonomyx's trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of Ergonomyx trademarks may be prohibited, unless expressly authorized.

Ergonomyx will provide special trademark usage guidelines along with any license agreement to any trademark licensee. If a license agreement does not provide usage guidelines, then follow these guidelines. If you are a Ergonomyx contractor that use any of Ergonomyx's trademarks or logos you must follow these guidelines.

In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using a Ergonomyx trademark, in whole or in part, you are acknowledging that Ergonomyx Technologies Canada Inc. is the sole owner of the trademark and promising that you will not interfere with Ergonomyx's rights in the trademark, including challenging Ergonomyx's use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Ergonomyx trademark. The goodwill derived from using any part of a Ergonomyx trademark exclusively inures to the benefit of and belongs to Ergonomyx. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please submit your query to copyright@ergonomyx.com

Authorized Use of Ergonomyx Trademarks

  1. Advertising, Promotional, and Sales Materials: Only Ergonomyx and its licensees may use the Ergonomyx Logo in advertising, promotional, and sales materials. Such authorized parties may use the Ergonomyx Logo only as specified in their agreement with Ergonomyx and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Ergonomyx.

  2. Compatibility: Developers may use Ergonomyx, Workspace Fitness, or any other Ergonomyx word mark (but not the Ergonomyx Logo or other Ergonomyx-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced Ergonomyx product or technology, provided they comply with the following requirements.

    1. The Ergonomyx word mark is not part of the product name.

    2. The Ergonomyx word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”

    3. The Ergonomyx word mark appears less prominent than the product name.

    4. The product is in fact compatible with, or otherwise works with, the referenced Ergonomyx product.

    5. The reference to Ergonomyx does not create a sense of endorsement, sponsorship, or false association with Ergonomyx or Ergonomyx products or services.

    6. The use does not show Ergonomyx or its products in a false or derogatory light.

  3. Publications, Seminars, and Conferences: You may use a Ergonomyx word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:

    1. The use is referential and less prominent than the rest of the title. Acceptable: CONFERENCE for Workspace Fitness Users.

    2. The use reflects favorably on both Ergonomyx and Ergonomyx products or technology.

    3. Your name and logo appear more prominent than the Ergonomyx word mark on all printed materials related to the publication, seminar or conference.

    4. The Ergonomyx logo or any other Ergonomyx-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Ergonomyx.

    5. A disclaimer of sponsorship, affiliation, or endorsement by Ergonomyx, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Ergonomyx Technologies Canada Inc.”

    6. A trademark attribution notice is included in the credit section giving notice of Ergonomyx's ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”

  4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning a Ergonomyx product or technology may use the appropriate Ergonomyx word mark, provided such use complies with the guidelines set forth in Section 3 above.


Unauthorized Use of Ergonomyx Trademarks


  1. Company, Product, or Service Name: You may not use or register, in whole or in part, Ergonomyx, Workspace Fitness, or any other Ergonomyx trademark, including Ergonomyx-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.

  2. Ergonomyx Logo and Ergonomyx-owned Graphic Symbols: You may not use the Ergonomyx Logo, the Workspace Fitness logo, or any other Ergonomyx-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Ergonomyx.

  3. Variations, Takeoffs or Abbreviations: You may not use an image of any variation of the Ergonomyx logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an Ergonomyx trademark for any purpose. For example:

    Not acceptable: Ergonomyxapp, Ergonomyx Gym, Workspace FitnessMat

  4. Disparaging Manner: You may not use an Ergonomyx trademark or any other Ergonomyx-owned graphic symbol, logo, or icon in a disparaging manner.

  5. Endorsement or Sponsorship: You may not use Ergonomyx, Workspace Fitness, or any other Ergonomyx trademark, including Ergonomyx-owned graphic symbols/logos, or icons, in a manner that would imply Ergonomyx's affiliation with or endorsement, sponsorship, or support of a third-party product or service.

  6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Ergonomyx, Workspace Fitness, or any other Ergonomyx trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Ergonomyx.

  7. Ergonomyx's Trade Dress: You may not imitate the distinctive Ergonomyx packaging, web site design, logos, or typefaces.

  8. Slogans and Taglines: You may not use or imitate a Ergonomyx slogan or tagline.

    For example: “Workspace Fitness Device”

  9. Domain Names: You may not use an identical or virtually identical Ergonomyx trademark as a second level domain name.

    Not acceptable:

    • “WorkspaceFitness.com”
    • “WorkspaceFitnessErgonomyx.com”
    • “WorkspaceFitness-Ergonomyx.com”
    • “WorkspaceFitnessmat.com”

The Workspace Fitness Trademark


  1. You may not use the Workspace Fitness trademark standing alone except to denote or refer to the Ergonomyx Workspace Fitness product line.

  2. You may use “Workspace Fitness” in your product name, company name, trade name, or service name provided your name satisfies the following criteria:

    1. Your product is not a fitness equipment, gym, office furniture, or operating system software. Nor your product uses a desk controller or similar.

    2. Your product is suitable to be used with a Workspace Fitness Device or the third-party business is associated with workers health.

    3. “Workspace Fitness” is used in combination with another non-generic or non-geographically-descriptive word.

      Acceptable:

      • Workspace FitnessMoon

      • Workspace FitnessCharlie

      Not acceptable:

      • Workspace FitnessDenver

      • Workspace FitnessSport

    4. “Workspace Fitness” does not appear more prominently than the rest of the name in size, color, or typeface.

    5. Your name does not suggest a false association with Ergonomyx.
    6. Your name is not confusingly similar to any trademark owned or used by Ergonomyx.

    7. You acknowledge that Ergonomyx is the sole owner of the “Workspace Fitness” trademark and that you will not interfere with Ergonomyx's use or registration of “Workspace Fitness” alone or in combination with other words.


Rules for Proper Use of Ergonomyx Trademarks


  1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.

  2. As adjectives, trademarks may not be used in the plural or possessive form.

    Correct: “Our office space has two Workspace Fitness”.

    Not Correct: “Our office space has two Workspace Fitnesss”.

  3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For a list of suggested generic terms see Ergonomyx Trademark List.

  4. Always spell and capitalize Ergonomyx's trademarks exactly as they are shown in the Ergonomyx Trademark List. Do not shorten or abbreviate Ergonomyx product names. Do not make up names that contain Ergonomyx trademarks.


Proper Trademark Use of Ergonomyx Trademarks


  1. Distribution Within the United States Only

    1. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, ®) the first time the Ergonomyx trademark appears in the text of the advertisement, brochure, or other material.

    2. Refer to the Ergonomyx Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally,the symbol appears at the right shoulder of the trademark (except the Ergonomyx Logo and Workspace logo, where the logo appears at the right foot).

    3. Refer to the Ergonomyx Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark (except the Ergonomyx Logo and Workspace logo, where the logo appears at the right foot).

      _______ and _______ are registered trademarks of Ergonomyx Technologies Canada Inc.

      _______ and _______ are trademarks of Ergonomyx Technologies Canada Inc.

  2. Distribution Outside the United States:

    1. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.

    2. Use one of the following international credit notices:

    3. _________ is a trademark of Ergonomyx Technologies Canada Inc., registered in the U.S. and other countries.

    4. _________ is a trademark of Ergonomyx Technologies Canada Inc.


Depictions of Ergonomyx Products


  1. Endorsement of Sponsorship: Ergonomyx does not support the use of its logos, company names, product names, or images of Ergonomyx products by other parties in marketing, promotional or advertising materials as their use may create the perception that Ergonomyx endorses or sponsors the product, service or promotion.

  2. Compatibility: If you are a developer, you may show an image of a Ergonomyx product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Ergonomyx product or technology, provided you comply with the following requirements:

    1. Your product is in fact compatible with, or otherwise works with, the referenced Ergonomyx product.

    2. The image is an actual photograph of the genuine Ergonomyx product and not an artist's rendering (Note: You must obtain express written permission from Ergonomyx before using any photograph owned or licensed by Ergonomyx).

    3. The Ergonomyx product is shown only in the best light, in a manner or context that reflects favorably on the Ergonomyx products and on Ergonomyx Technologies Canada Inc.

    4. The reference to Ergonomyx does not create a sense of endorsement or sponsorship by, or other false association with, Ergonomyx or Ergonomyx products.

    For further information with respect to Ergonomyx's copyrights, please submit your \ request in writing to trademarks@ergonomyx.com


Use of Ergonomyx Copyrights

Include notices in all our software and related material as follows:

Software

Copyright (c) 2021 Ergonomyx Technologies Canada, Inc. ALL RIGHTS RESERVED.

This copyright notice is Copyright Management Information and is included to protect this work and deter copyright infringement. This code contains the confidential information of, and is the sole property of Ergonomyx Technologies Canada, Inc. (“Ergonomyx”) and its licensors and shall not be used, reproduced, copied, disclosed, published, distributed, sold, leased, lent, altered, transmitted in any form or by any means, or otherwise exploited for any purpose other than the limited purpose(s) for which it is furnished except with the written permission of IR or Ergonomyx. This notice may not be removed without the written permission of IR or Ergonomyx, and must be reproduced, without alteration, on each authorized copy hereof. Any such unauthorized removal, reproduction or alteration is a violation of federal law.

Printed Material (Manuals and large documents)

© 2021, Ergonomyx Technologies Canada Inc. Canada All rights reserved. This copyright notice is Copyright Management Information and is included to protect this work and deter copyright infringement. This document contains the confidential information of, and is the sole property of, Ergonomyx Technologies Canada Inc. “Ergonomyx” and its licensors and shall not be used, reproduced, copied, disclosed, published, distributed, sold, leased, lent, altered, transmitted in any form or by any means, or otherwise exploited for any purpose other than the limited purpose(s) for which it is furnished except with the written permission of IR and/or Ergonomyx. This notice may not be removed without the written permission of IR, and must be reproduced, without alteration, on each authorized copy hereof. Any such unauthorized removal, reproduction or alteration is a violation of federal law.

Printed Material (publications and brochures)

© 2020, Ergonomyx Technologies Canada Inc. Canada All rights reserved.

Ergonomyx Trademark List

A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services. Also, as trade dress, it can be the appearance of a product or its packaging, including size, shape, color, texture, graphics, and appearance (e.g, retail store or website).

The following is a non-exhaustive list of Ergonomyx's trademarks and service marks.

When using the marks in publications that will be distributed only in the United States or Canada, include the appropriate ™, ℠, or ® symbol on first use. For publications that will be distributed outside the United States or Canada, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: Workspace Fitness and Ergonomyx are trademarks of Ergonomyx Technologies Canada Inc., registered in the U.S. and other countries.

The list also includes a suggested generic term for each trademark. For all publications, include an appropriate generic term after the trademark the first time it appears. Thereafter, the generic term should appear frequently with the trademark. (These generic terms are only suggestions, and there may be other words that are equally appropriate.)

Trademarks are adjectives, and should not be made into verbs or made plural or possessive. For more information on how to use Ergonomyx's trademarks, refer to the document titled, “Guide for Using Trademarks” or contact trademark@ergonomyx.com

The absence of a product or service name or logo from this list does not constitute a waiver of Ergonomyx's trademark or other intellectual property rights concerning that name or logo.

Ergonomyx's Trademarks

Ergonomyx™

Workspace Fitness™

Generic Terms

device

Device / Concept

OTHER ERGONOMYX PRODUCT OR SERVICE NAMES

If a product or service name is not listed under Ergonomyx's Trademarks or Ergonomyx's Service Marks, it should not be followed by a ™,or ® notation and should not be included in credit lines. However, if a product or service name includes Ergonomyx, Workspace Fitness, or another Ergonomyx mark listed in this trademark list, apply the correct trademark symbol (™, or ®) to that portion of the name for U.S. and Canada publications only. In addition, all Ergonomyx trademarks need to be given the correct attribution in the credit section of all U.S. and international publications.

Example:

The ErgonomyxTM Workspace FitnessTM concept.

Ergonomyx and Workspace Fitness are trademarks of Ergonomyx Inc., registered in the U.S. and other countries.

QUESTIONS

If you have any questions or comments regarding the list, please contact trademark@ergonomyx.com