Member Use of the IBWA Trademark
The above mark, which consists of the IBWA logo, the abbreviation “IBWA” and the inscription “International Bottled Water Association,” is a trademark owned by IBWA. Because of the potential liability to the association and to protect our members, the Board of Directors has issued instructions that the IBWA logo “CANNOT BE USED ON ANY LABEL OR ON ANY BOX CONTAINING PRODUCTS FROM OUR MEMBERS.” 1Members may use the IBWA logo on their stationery, advertising, trucks, etc., but NOT on the product or its container/case. With respect to use of the abbreviation IBWA and/or the full inscription on product labels or containers, IBWA bottlers and suppliers are permitted to put the words “An IBWA Bottler (Supplier) Member” on the labels of their products. This must be in a straight line. It MUST NOT be bent or circled to imply a special logo, certification or guarantee.
For those bottlers and suppliers who wish to use “An IBWA” Bottler (Supplier) Member” on their labels, WE DO REQUIRE that you agree to the following release: “I, for good and valuable consideration, including the license to use the International Bottled Water Association (IBWA) logo and inscription “An IBWA Bottler (Supplier) Member,” hereby release and agree to indemnify and hold harmless the IBWA from all claims, causes of action, liabilities or obligations of any kind, arising out of, connected with, or predicated upon membership in IBWA or the use of the said logo and inscription, it being thoroughly understood that the use of said symbol and inscription shall never be construed to create any warranty, expressed or implied, for or on behalf of IBWA in any manner whatsoever. Any goodwill derived from use of the mark inures exclusively to the benefit of IBWA. That said IBWA members agree to carry and maintain at their own expense, all necessary product liability insurance adequate to protect IBWA and any third party.”
The use of “An IBWA Bottler (Supplier) Member” on your label is not required. However, we do encourage you to seriously consider its use which will enable you to take advantage of the public relations efforts that will be done to encourage the consumer to look for it.
Federal registration by the U.S. Patent and Trademark Office entitles the mark to a broad scope of protection. That is, use of any mark that is confusingly similar to the IBWA mark is prohibited. Members further acknowledge that they are subject to all terms and conditions established by IBWA for use of its trademarks.
Members are advised that the owner of a federally registered trademark enjoys certain rights under federal law. Specifically, federal registration constitutes prima facie evidence of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark. The owner of a federal registration is entitled to bring an action in federal court to prevent any unauthorized use of its mark. If found liable for such unauthorized use, the infringer is subject to a variety of penalties, including monetary damages where the infringement is knowing. IBWA is fully cognizant of its rights under federal trademark law and state common law and will take all necessary steps to enforce those rights, both in the United States and other countries.
Questions & Contact
It is incumbent on each IBWA member to abide by this Board policy to ensure that all members enjoy the full benefits of using the mark. Please direct any questions concerning this policy to IBWA at 703-683-5213.
(Whenever the mark is utilized it should be accompanied by the registration symbol(R) in the lower right hand corner. In addition, if you choose, you may also give notice that the mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or, “Reg U.S. Pat. & TM. Off.”)