DRUMFIT® TRADEMARK USAGE GUIDE

The DrumFIT® Trademarks are important business assets of DrumFIT Inc. 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 those of our competitors. As the creators and global leaders in cardio drumming fitness programs, DVD’s, clothing, and accessories, DrumFIT Inc. takes great pride in it’s products and programs and works relentlessly to improve its products and services. We believe that our passion for excellence is unrivaled.

If DrumFIT Inc. trademarks became “generic” in a particular area, they might cease to protect consumers and the company from knowing the source of its 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 DRUMFIT® Trademarks originate from one source, namely, DrumFIT Inc.
We respectfully request that you support our efforts to enforce the DRUMFIT® 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 DRUMFIT® trademarks, contact us at info@drum.fit.

THE WORD DRUMFIT® DOESN’T MEAN ANYTHING

The word DRUMFIT® was coined by our company, and is an arbitrary or fanciful word we selected as the original brand name that identifies DrumFIT Inc. cardio drumming fitness programs and related products. The DRUMFIT® 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 DrumFIT Inc.’s and its authorized licensees’ programs.

THE DRUMFIT® TRADEMARKS

Trademark offices around the world provide our company with legal means for protecting consumers, licensees, distributors and our company from imitation and 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 DRUMFIT® 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.In the United States, DRUMFIT®, is registered trademarks of DrumFIT Inc. We also have trademark rights in Canada.

WHO MAY USE THE DRUMFIT® FITNESS TRADEMARK AND LOGO?

Only those licensed by DrumFIT Inc. (including current DrumFIT Corps members) have any rights to use the DRUMFIT® Trademarks. Licensees are required by contract and law to follow the guidelines in their written license agreements. DrumFIT Corps Members can review the DrumFIT Corps Membership & License Agreement in their manual. We ask that our licensees and enthusiasts of the DRUMFIT® program everywhere contact us immediately if they become aware of any unauthorized or improper use of the DRUMFIT® Trademarks.

PLEASE OBSERVE THE FOLLOWING TRADEMARK USAGE RULES

  1. USE THE SERVICE OR PRODUCT’S GENERIC NAME:
    It is important to use the DrumFIT® 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 ® after the trademark.Examples:DRUMFIT® fitness program, DRUMFIT® routines, DRUMFIT® fitness classes DRUMFIT® apparel DRUMFIT® charity event
  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 in USA requiring ® symbol: DRUMFIT®
  3. USE THE TRADEMARK DISTINCTIVELY:

    DRUMFIT® Trademarks should be entirely capitalized, or at least the first letter should. You can also underline DRUMFIT or put DRUMFIT in italics.
  4. USE THE FOLLOWING TRADEMARK DESIGNATION:

    DrumFIT®, and the DrumFIT Fitness logos are trademarks of DrumFIT Inc., used under license.
  5. AVOID VARIATIONS:

    Do not change the spelling, insert hyphens or combine two words into one. (Incorrect: “You’ll love DrumFIT-mania”)
  6. AVOID INCORRECT GRAMMATICAL USE:
    Never use the DRUMFIT® Trademarks as nouns or verbs. For example, never use “DRUMFIT” as a verb to describe an exercise program or class. It is proper to say “I love the DRUMFIT fitness program” and improper to say “I love DRUMFIT”.
  7. AVOID USING THE DRUMFIT® TRADEMARK AS A TRADE OR COMPANY NAME:
    It is incorrect to use or refer to the DRUMFIT® Trademarks as a trade name (e.g., company name or facility name). For example, don’t name your company with DRUMFIT® in the title. Name your company something else and say that it offers the DRUMFIT® program or classes.
  8. DRUMFIT® TRADEMARKS SHOULD NOT BE USED IN THE FOLLOWING WAYS:
    With the letter “D” not capitalized—For example, drumFIT or drumfit fitness.
    Misspelled — For example, “drum fit” is not allowed.
As a verb — For example, “once you DrumFIT, you’ll be hooked” is not allowed.
As a noun — For example, “DrumFIT is my favorite exercise” is not allowed.
    As part of a trade name — For instance, “The California DrumFIT Center” is not allowed.
    As a generic term — For example, as a name for a fitness program “My gym offers DrumFIT” is not allowed.
    To advertise programs or products not affiliated with DrumFIT Inc.
  9. USE OF THE DRUMFIT® LOGOS
DRUMFIT® Logos were designed to designate products and services developed by DrumFIT Inc. and may be used by licensees in their exact form and only to advertise and promote DrumFIT Inc. programs and products. Under no circumstances may the DRUMFIT® Logos be used, without DrumFIT Inc.’s express written consent, to manufacture and sell products such as clothing or any other merchandise. DrumFIT Corps members have access to the correct and current format of the DRUMFIT® Logos in the Marketing Materials. DRUMFIT® Logos are not to be used in any form that vary from the samples provided and must not be used in combination with any other trade names, trademarks or logos.

This information is for educational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult your own lawyer concerning your situation.