New York, NY (PRWEB) December 11, 2012
The AOA has filed a petition to cancel the recently registered trademarks OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® because the AOA feels that the trademarks OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® causes confusion that Herzog appears to be certified by the AOA.
Mr. Herzog states that OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® are in distinctively different classes, of fitness as a service, not a product that could possibly cause confusion. Herzog’s mark is for specific class 6, code 044, providing assistance, fitness evaluation and consultation to individuals, and OSTEOPATHIC GOLF® is coaching and instruction services in the field of the biomechanics of golf as stated in international news. It is also stated on all of his materials and websites that Greg is not an osteopath and is not to be confused with osteopathy, therefore can not ever be confused with health care services that accept insurance.
With OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® the body is treated as a whole, with comprehensive, structural and functional fitness, so that the body can help heal itself.
Greg Herzog has coined the new phrases OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF®, where the work methods and beliefs are that many problems in the body stem from back related issues, and when resolved, through Herzog’s Trade Marked work methods, AXIS CORE® and ARS® AXIS RELEASE STRETCHING, allows the body to operate at the highest level, thus allowing any healing that needs to be done through less overcompensation.
Furthermore, there is no specific fitness program prescribed by osteopaths, which again eliminates confusion. Moreover, osteopathic, like Pilates, can not be trademarked, because it is synonymous with a method and the term osteopathic has been in the public domain since 1874 and is a certification. (See the decision in Manhattan’s federal court.) http://www.pilates.com/resources/aboutpilates/pilates-decision.pdf, Where it was declared that Pilates, like yoga and karate, is an exercise method and not a trademark. Therefore, like Pilates the word osteopathic is in no way just limited to the trademark used in a certification, organization.
The USPTO acknowledges genericness of the term osteopathic in the registering the marks OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® on the Supplemental Registry rather than the Principal Registry.
Herzog believes that according to trademark law The AMERICAN OSTEOPATHIC ASSOCIATIONS marks are generic marks and either should not be allowed, or should be considered weak marks, or on the supplemental register.
Starting in the late 1990s, the PTO increasingly issued 'genericness' refusals against professional-services certification marks they long considered only descriptive.
Under U.S. trademark law, descriptive marks immediately describe some feature, function, intended result, or other characteristic of the products or services they identify. Descriptive marks are not immediately protectable as trademarks or registrable on the Principal Register of the United States Patent and Trademark Office ("PTO").
The PTO bases its genericness refusal primarily on the dictionary definitions of the individual words making up the mark and on news articles and Internet excerpts showing use of all or parts of the mark in all lower-case letters.
The AMERICAN OSTEOPATHIC ORGANIZATION does not own the word osteopathic.
Below are excerpts from Forbes magazine article: "Osteopaths versus Doctors"(Forbes) 10/27/2011 http://www.forbes.com/sites/sciencebiz/2010/10/27/osteopaths-versus-doctors/
“Is an osteopath a medical doctor? Well, it depends on who you ask. An osteopath has a D.O. degree, which is different from the standard medical (M.D.) degree.
So the training is not the same: the universities offering DO and MD degrees are largely disjoint, the standards are higher at schools offering MDs, and osteopathic colleges offer “extra” training in pseudoscientific practices.
"Are they equal? Well, not quite Osteopathy started out as little more than pseudoscience, based on the mistaken idea that manipulations of the skeleton and muscles – massage, basically – would cure disease. It was invented by Andrew Still in 1874, who made this and many other claims, none of them supported by science” Thus was born osteopathic manipulative therapy (OMT), a practice that has virtually no scientific basis and that is similar in many ways to chiropractic. Dr. Steven Salzburg
The Forbes Magazine article continues: (http://www.forbes.com/sites/sciencebiz/2010/10/27/osteopaths-versus-doctors/ ), The American Osteopathic Association claims that they are “a separate yet equal branch of American medical care.” (The AOA doesn’t realize the irony in claiming “separate yet equal,” a phrase used to defend the clearly inferior segregated schools in the South in the first part of the 20th century.). For example, he claimed in his autobiography that he could “shake a child and stop scarlet fever, croup, diphtheria, and cure whooping cough in three days by a wring of its neck....Today, that particular treatment would likely get you arrested for child abuse. As Stephen Barrett explains over at Quack watch."
Herzog developed the OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® method out of frustration, having his own imbalances of flat feet and no cartilage in either knee, which led to his left leg not being able to completely straighten out and chronic back pain.
Having suffered back pain for many years, Greg developed a Structural Functional Fitness™ program for balance, efficiency and alignment, for himself and his clients.
“There are back exercises out there, but it doesn’t get to the root of the issue (that we are only as strong as our weakest link).”
He got frustrated with the quick fix and temporary relief practitioners were giving me and therefore developed OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® to get to the root of the problem, by allowing muscles to relax naturally at their own pace and support structural and muscular systems in the best sustainable way possible.
In the OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® protocol, the goal is to increase efficiency in the muscle that demonstrates weakness. Once a position of weakness has been identified, corrective exercises are performed in order to reinforce the strength of the muscle and integrate it into functional movement patterns.
While most therapies focus on treating the muscles with tension and/or pain, OSTEOPATHIC FITNESS ® and OSTEOPATHIC GOLF® gets to the root of pain or injury by addressing muscle weakness rather than muscle tightness with AXIS CORE® training and ARS® flexibility and relaxation work.
OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® has taken the basic components of physiology and biomechanics and transferred them into a systematic approach for evaluating and treating the biomechanical relationships relating to chronic pain or injury. The goal of OSTEOPATHIC FITNESS® is to identify the inhibited or weak muscles that are creating a protective response and then ‘jumpstart’ these muscles in order to improve their contractile capability.
With the obesity rate at an all time high and only climbing at epidemic proportion, Herzog’s mission is to simply provide another choice or option for people through AXIS CORE® OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF®. To combat the future health epidemic of back pain and further deaths due to the possibility of more tainted steroid shots.
Greg Herzog of Herzog Body Tech LLC is a pioneer in the Health and Fitness business for over two decades as a professional trainer, former sub four minute miler and conditioning specialist in New York City and Fairfield County, CT.
Greg has worked with competitive athletes and golfers, as well as individuals from the ages 5-94, and has made studying human performance his life’s work.
This extensive experience led to the development of OSTEOPATHIC FITNESS® and OSTEOPATHIC GOLF® a system designed to evaluate and treat structural and muscular imbalances that can lead to back pain.
Over the last two decades Greg has helped thousands with imbalances and back pain and he looks forward to sharing and certifying his methodology around the world to help others with structural imbalances and back pain.