Dexcom Trademark & Copyright Policy
This document outlines the policy and guidelines of Dexcom, Inc. (“Dexcom”) for the proper use of its trademarks and logos (collectively, the “Dexcom Marks”) and its copyrighted assets (the “Dexcom Copyrights” and, together with the Dexcom Marks, the “Dexcom IP”). The Dexcom IP is owned by Dexcom, which may update this policy from time to time without prior notice.
By using the Dexcom IP, you acknowledge that Dexcom is the sole owner of the Dexcom IP, that you will abide by its guidelines herein, and that you will not interfere with its rights in the Dexcom IP, including by challenging Dexcom’s ownership of, use of, registration of, or applications to register the Dexcom IP anywhere in the world. You also agree that you will not apply to register any of the Dexcom IP—or any marks that are confusingly similar to the Dexcom Marks or content that is substantially similar to the Dexcom Copyrights—in any jurisdiction.
OBJECTIVE AND SCOPE OF THE DEXCOM TRADEMARK & COPYRIGHT POLICY
This document helps ensure that the Dexcom IP is used in approved ways, which, in turn, helps preserve the value of the Dexcom IP and ensure that the Dexcom Marks remain reliable indicators of source and quality. It explains when and how the Dexcom IP may be used and which uses require prior review and authorization from Dexcom.
Dexcom reserves the right to review all uses of the Dexcom IP and to terminate any party’s right to use the Dexcom IP for failure to abide by the terms herein. These terms are general and may be superseded or amended by individual written agreements with Dexcom.
THE DEXCOM IP MAY NOT BE USED IN ANY MANNER OTHER THAN AS EXPRESSLY AUTHORIZED IN A WRITTEN AGREEMENT OR AS SET FORTH BELOW. If any part of this policy conflicts or is inconsistent with any part of a written agreement between you and Dexcom, the written agreement shall control. Unless provided otherwise in a separate written agreement with Dexcom, any use of the Dexcom IP authorized herein is revokable at Dexcom’s option for any or no reason. You agree to comply with any request from Dexcom to stop using the Dexcom IP.
THE DEXCOM MARKS
The Dexcom Marks include both word marks and logos. Dexcom’s word marks include, without limitation, DEXCOM, DEXCOM ONE, DEXCOM SHARE, DEXCOM FOLLOW, and DEXCOM CLARITY (the “Dexcom Word Marks”). Dexcom also owns logos, stylized marks, and design marks (the “Dexcom Logos”), which include, without limitation, the Dexcom Logo shown below:
USE OF THE DEXCOM MARKS
The following uses of the Dexcom Marks require advance, written permission from Dexcom: (i) all commercial uses, including but not limited to those with merchandising purposes; (ii) all uses related to products or services that interface with or are designed to be compatible with Dexcom’s products and services; (iii) all uses in an attention-getting or branding manner.
THE DEXCOM LOGOS
The Dexcom Logos may only be used with express, prior, written authorization from Dexcom. While you may scale the size of the Dexcom Logos to suit your needs, under no circumstances may you modify the Dexcom Logos in any other way, such as by changing the design or color or the relative proportions of the elements that comprise the marks.
Beyond the terms of this policy, your use of the Dexcom Logos must comply with any additional usage guidelines or restrictions provided by Dexcom in connection with your written authorization to use the relevant Dexcom Logos.
THE DEXCOM WORD MARKS
The Dexcom Word Marks may be used without prior written authorization only to describe Dexcom and/or its products or services, and only if the following are true:
- The mark is not used to promote any commercial activity or your own products or services;
- The mark is not used in an attention-getting or branding manner; and
- The mark is not used in any manner that would create a sense of endorsement, sponsorship, or false association with Dexcom.
Importantly, any such uses must also comply with all other applicable requirements of this policy, including the usage guidelines and prohibitions below. ALL OTHER USES OF THE DEXCOM WORD MARKS REQUIRE WRITTEN PERMISSION FROM DEXCOM.
USAGE GUIDELINES FOR THE DEXCOM WORD MARKS
The following usage guidelines detail how the Dexcom Word Marks must be used. These requirements apply whether or not you have a written agreement with Dexcom.
- The Dexcom Word Marks must be used as adjectives, never as nouns. This means that they should be followed by a descriptive or generic product/service descriptor—for example, “the Dexcom CGM system.”
- Never abbreviate, shorten, or alter the mark. Do not pluralize it or make it possessive. When referring to more than one product or service, pluralize the product descriptors instead (i.e., “Dexcom technologies”).
- The Dexcom Word Marks should never be used in domain names or email addresses, except those owned by Dexcom.
TRADEMARK ATTRIBUTION NOTICE
The following statement must be used in all materials in which one or more of the Dexcom Marks appear, including in websites, publications, and other documents:
The trademark[s] [insert mark(s) used] [is a/are] registered or unregistered trademark[s] of Dexcom, Inc. in the United States and/or other countries and are used with permission.
Unauthorized uses of the Dexcom Marks or marks that are confusingly similar may infringe Dexcom’s trademark rights and are strictly prohibited. The following are examples of unauthorized uses of the Dexcom Marks.
- Use of the Dexcom Marks in connection with or as part of other company names, trade names, product or service names, or other trademarks or logos is not allowed. You may not incorporate the Dexcom Marks into the name or logo of your website or in any domain name, or purchase or use the marks as Internet keywords, metatags, or trigger words to lead to a website or other Internet destination, product, business, or service.
- You may not use the Dexcom Marks in a manner that is critical or disparaging of Dexcom, its products or services, or any third party, or in a manner that damages Dexcom’s brand integrity, including use of the Dexcom Marks in a manner that is, in Dexcom’s opinion, offensive, defamatory, illegal, or unethical.
- You may not use the Dexcom Marks in a manner that will infringe, misappropriate, or otherwise violate the rights of any third party.
- You may not imitate Dexcom’s packaging, website design, typefaces, or any other distinctive aspect of Dexcom’s trade dress or brand identity.
- You may not use trademarks, logos, or other content that is confusingly similar to the Dexcom Marks or other graphics or symbols owned by Dexcom.
- You may not use variations, foreign language equivalents, or abbreviations of the Dexcom Marks.
- Without express written authorization from Dexcom, you may not use the Dexcom Marks to imply approval, sponsorship, endorsement, or affiliation of your company, website, products, or services by or with Dexcom.
The restrictions above apply whether or not you have a written agreement with Dexcom regarding your use of the Dexcom Marks. Further, please note that the preceding examples are illustrative only. All rights not explicitly granted by Dexcom are expressly reserved.
THE DEXCOM COPYRIGHTS
Dexcom invests significant resources in developing and maintaining the value of the Dexcom Copyrights, which include, without limitation, images of Dexcom products, Dexcom user guides and similar instructional materials, the contents of Dexcom’s websites and mobile applications, and the source code for Dexcom’s mobile applications and other software assets.
USE OF THE DEXCOM COPYRIGHTS
Other than the limited “fair use” authorized by the Copyright Act, the Dexcom Copyrights may only be used with the prior written authorization of Dexcom.
You may only use the specific Dexcom Copyright(s) that have been authorized by Dexcom. Authorization to use a particular copyrighted asset does not imply permission to use any other of the Dexcom Copyrights. Further, your use of the Dexcom Copyrights is limited to the particular use approved by Dexcom. Use of the approved copyrighted asset(s) in any other context or for any other purpose requires separate written permission from Dexcom.
The following notice must be displayed in connection with every use of the Dexcom Copyrights, including use in any websites, publications, and other documents:
© [Year of Publication] Dexcom, Inc. Used with Permission.
Dexcom will provide the publication year to include in the copyright notice in the written communication providing authorization for the requested use. The copyright notice must be placed directly below or adjacent to each use of the relevant Dexcom Copyright.
Unauthorized uses of the Dexcom Copyrights may infringe Dexcom’s copyrights and are strictly prohibited. The following are examples of unauthorized uses of the Dexcom Copyrights.
- You may not modify, translate, recast, edit, alter, or create derivative works of the Dexcom Copyrights without the prior written consent of Dexcom. While you may scale copyrighted images to suit your needs, under no circumstances may you modify them in any other way.
- You may not display the Dexcom Copyrights in a manner that is critical or disparaging of Dexcom, its products or services, or any third party, or in a manner that casts the Dexcom Copyrights in a negative light, including use of the Dexcom Copyrights in a manner that is, in Dexcom’s opinion, offensive, defamatory, illegal, or unethical.
- You may not use the Dexcom Copyrights in a manner that will infringe, misappropriate, or otherwise violate the rights of any third party.
- Without express written authorization from Dexcom, you may not use the Dexcom Copyrights to imply approval, sponsorship, endorsement, or affiliation of your company, website, products, or services by or with Dexcom.
Please note that the preceding examples are illustrative only. All rights not explicitly granted by Dexcom are expressly reserved.
QUESTIONS AND REPORTING MISUSE OF THE DEXCOM IP
If you wish to obtain permission to use the Dexcom IP, have a question related to the marks, or become aware of unauthorized uses of the Dexcom IP, please contact us at [email protected], and we will contact you as soon as possible. Please note that permission will only be granted under certain conditions and/or subject to your entering into an agreement with Dexcom. For use requests, please include all pertinent details, including the relevant Dexcom IP and the details and duration of the requested use.