Trademark Usage
Guidelines

 

Note, this list may not be comprehensive. The fact that a Treace Trademark may not appear on this list does not mean Treace has waived any intellectual property rights in that mark. If you have any doubt as to whether a particular name, mark or logo is a Treace Trademark, please contact the Treace Legal team at Legal@treace.net or 904 373-5940 x1386.

Any use of Treace Marks must comply with the following Trademark Guidelines:

1. Adjectives: Treace’s Trademarks should only be used as proper adjectives (i.e., descriptors) that modify a noun (i.e., a person, place, or thing), and never as nouns or verbs. Similarly, Treace Marks should never be pluralized, used as a pun, or made possessive. To illustrate:

 

Green indicates proper usage while red indicates improper usage of the trademark.

The two exceptions to this are:

– Company Name: Treace, Treace Medical Concepts, and the stylized Treace Medical Concepts, Inc. logos are Treace Marks, but they can also function as the company’s name. If you use one of these marks solely for purposes of referring to Treace as a company, it can be treated as a noun.

– Logos: If you use a Treace Trademark that appears as a stylized graphic logo, you do not need to follow it with a noun unless you are using the logo in place of a word in a sentence.

2. Attribution/Ownership: Treace is the sole and exclusive owner of the Treace Marks. To the extent you have a license from Treace to use one or more of its marks, that license gives you no ownership rights in the Treace Marks. Rather, it merely entitles you to use such trademarks in the specific ways permitted by Treace, as described in these Trademark Guidelines and your license agreement. By using the Treace Marks, you agree that:

– Treace is the exclusive owner of the Treace Marks;

– Any goodwill arising from your use of such Trademarks is for Treace’s benefit;

– You will never challenge, contest, or interfere with Treace’s rights in its Trademarks; and

– You will never use the Treace Marks in a manner that is deceptive, misleading, contrary to the Trademark Guidelines, or harmful to Treace’s brands and goodwill.

Relatedly, any use of Treace Marks must be accompanied by an attribution statement recognizing that Treace is the owner of such marks. For instance, if your clinic issues a press release announcing that you will soon begin offering the LAPIPLASTY^® procedure, it should include the following language at the end: “LAPIPLASTY^® is a registered trademark of Treace Medical Concepts, Inc.”

3. Consistent Stylization. Any use of the Treace Marks must appear in the specific stylized form shown on Treace’s website (www.Lapiplasty.com). As examples, you may not:

– Shorten or abbreviate any Treace Marks;

– Create new marks based on or including the Treace Marks (e.g., with other words, symbols, numbers, or graphics);

– Convert any Treace Trademark into an acronym or initialism Treace does not use;

– Modify the color, typeface, stylization, or proportions of any Treace Marks; or

– Translate any English or foreign-language words within any Treace Marks.

4. Notice Symbols. Whenever you use a Treace Mark, you must include an appropriate trademark notice symbol, which may be either:

– ^™ for unregistered trademarks; or

– ^® for registered trademarks.

The trademark notice symbols for each Treace Mark are shown in the table above. When used, the notice symbols should be in superscript (e.g., ^® or ^™), but if superscript symbols are not available or cannot be used, the appropriate trademark notice symbols should be in parentheses: (R), (TM), (SM).

5. Quality Control. To ensure that Treace continues to have a reputation for superior-quality goods and to comply with FDA guidance for marketing materials, Treace must ensure that appropriate quality control measures are implemented by all of its licensees. Accordingly, you agree to comply with the following:

– You may not tamper with or alter any products, product packaging, or promotional materials you receive from Treace and must maintain them in the condition they were in when you received them (ordinary wear and tear excepted in appropriate cases);

– You must use promotional materials from Treace in their entirety (no changes in context or content except as expressly contemplated);

– Any images of Treace products you use in promotional materials or online must depict the products fully and accurately, and may not be altered in any way;

– You will never change the promotional materials in a manner outside of the ways outlined in this document without the written agreement of Treace;

– Upon Treace’s request in a situation where Treace has information suggesting a misuse of its trademarks, medical devices, or promotional materials, you will allow Treace to inspect your premises where any Treace products, packaging, or promotional materials are maintained, and/or you will provide Treace with representative samples of such materials; and

– Upon notice from Treace, you will update, correct or delete any materials incorporating Treace’s Marks as requested.

Treace reserves the right to modify or terminate the license to use the Treace Marks for any persons or entities it believes have violated these Trademark Guidelines.

6. Your Marketing Materials. The materials you create to promote your business must make clear that they come from you or your company, and not from Treace. As illustrative examples, the following are prohibited by these Trademark Guidelines unless you have written approval from Treace:

– Adopting a trademark that is confusingly similar to any Treace Marks;

– Using any stylized Treace Marks, including logos, in materials you create independently without Treace’s prior review of the materials and written permission;

– Featuring a Treace Mark as the primary brand in marketing pamphlets;

– Implying that Treace endorses, sponsors, or approves of your goods or services;

– Incorporating Treace Marks or potentially confusing variations of Treace Marks into your company name, domain name, product/service name, logo, slogan, etc.;

– Mimicking Treace’s advertising, product packaging, or website designs;

– Using language that suggests your marketing materials were created by Treace;

– Altering Treace’s patient or surgeon education materials so that it contains off-label claims or other off-label promotion or so that it includes information inconsistent with Treace’s products’ indications and instructions for use. See https://www.lapiplasty.com/surgeons/labeling/ for a copy of Treace’s product labeling and instructions for use; or

– Incorporating Treace Marks into materials that contain off-label promotion nor conducting any off-label promotion.

If you are using, selling, or distributing Treace-branded products or services, you must describe them using approved language provided to you by Treace. Any other descriptions, embellishments, or variations must be approved by Treace.

7. Choice of Law. These Trademark Guidelines are governed by the federal and state laws applied in the State of Florida, without regard to any conflict of laws provisions. Any disputes arising out of or related to the Trademark Guidelines will be resolved in the Federal District Court for the Middle District of Florida, Jacksonville Division.

8. Termination. Treace reserves the right to terminate any license granted to you to use any Treace Marks or Treace promotional materials at any time and for any reason, whether such license is reflected in these Trademark Guidelines or a separate written agreement.

Treace reserves the right to revise these Trademark Guidelines as needed by publishing an updated version of the Trademark Guidelines on its website at: treace.com. Any updated or revised Trademark Guidelines will be effective and supersede any prior versions of the Trademark Guidelines from the moment when they are published online. We encourage anyone who wishes to use our trademarks to consult our website before undertaking any use of the Treace Marks to ensure that your activities are permitted.

 

 

 

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