1. Introduction.
Trademarks are symbols of the goodwill associated with products and services offered by Hydration Labs, Inc. d/b/a Bevi (“Bevi”). Bevi’s trademarks, service marks and logos (“Bevi’s Trademarks”) represent intellectual property rights owned by Bevi and are among Bevi’s most valuable assets. Improper use can weaken and diminish the value and effectiveness of Bevi’s Trademarks as indicators of Bevi’s products and services and may result in the loss of valuable rights. All use of Bevi’s Trademarks shall conform strictly to the terms and conditions of this Trademark Use Policy (this “Policy”) and applicable law.
2. Applicability of Policy.
This Policy governs the use of Bevi’s Trademarks by Bevi employees, customers, licensees, consultants, outside vendors, and other third parties. If you are a licensee of Bevi’s Trademarks, your license agreement may contain specific usage guidelines that differ from this Policy. In the event of a conflict between this Policy and any such license agreement, the terms of such license agreement shall control. If you are a licensee but have been provided no special guidelines for use of Bevi’s Trademarks, then this Policy shall control.
3. List of Bevi’s Trademarks.
Refer to the chart below for a current list of Bevi’s Trademarks, the correct trademark notice symbol and the covered goods and services. The list provided here may be updated by Bevi from time to time and without notice and should be referred to regularly. Note that the list may not be comprehensive, and the omission of a Bevi Trademark from the list does not represent any waiver of any of Bevi’s intellectual property rights in or to such Bevi Trademark. If you have questions about whether a particular mark, logo, design or name is a Bevi Trademark, please contact Bevi for assistance.
| Bevi Trademark | Symbol | Products and Services |
| BEVI /
|
® | Beverage machines |
| BEVI /
|
TM | Beverage machine servicing, repair, maintenance, monitoring |
|
® | Beverage concentrates |
|
|
TM | Beverage machines |
| POUR SOMETHING GOOD | ® | Beverage machines |
| SMART WATER COOLER | ® | Beverage machines |
| HYDRATE HAPPY | ® | Beverage concentrates |
| HYDRATE HAPPY | TM | Beverage machines; bottles and glassware; apparel; beverage concentrates |
4. Bevi Rights.
By using any of Bevi’s Trademarks, you acknowledge and agree that Bevi is the sole owner of all right, title and interest in and to Bevi’s Trademarks and that you shall not interfere with Bevi’s rights, including without limitation, by challenging Bevi’s use, registration of or application to register such Bevi Trademarks. The goodwill, if any, derived from your use of any Bevi Trademarks shall inure exclusively to and for the benefit of Bevi.
5. Restrictions on Use.
You shall not harm, misuse, or bring into disrepute any Bevi Trademarks, and you shall ensure that all references to Bevi products or services use the applicable Trademark and are truthful, fair and not misleading. You shall not use any Bevi Trademarks in domain names, metatags, search fields, hidden text, or any other form that has the purpose or effect of diverting or confusing consumers without Bevi’s prior written permission. You hereby expressly agree: (i) to use the appropriate notice symbol and/or acknowledgment of Bevi’s ownership of the particular Bevi Trademark; (ii) not to incorporate Bevi’s Trademarks into your own product trademarks, service marks, logos, or company names; and (iii) not to adopt marks or logos that are identical or confusingly similar to any Bevi Trademarks.
6. Guidelines for Usage.
Your use of Bevi’s Trademarks shall conform strictly to the following guidelines:
a. Trademarks are Adjectives.
Trademarks are proper adjectives used to modify nouns. A trademark is not a thing; it is a brand of thing. For all of Bevi’s Trademarks, include an appropriate generic term and/or the word “brand” after the mark, so that it is clear that the mark refers to a specific product or service that is of a particular type.
§ Example: BEVI® beverage dispensers, not a BEVI®
b. Consistent and Distinctive Use.
It is important that your references to Bevi’s Trademarks are accurate, consistent and always present Bevi’s Trademarks in the same way. Without limitation, you shall not: (i) make singular marks plural; (ii) make marks possessive; (iii) alter spelling or punctuation; or (iv) use marks in lowercase format.
§ Example: BEVI® machines, not BEVIS®
§ Example: BEVI® machines, not BEVI’s® machines
§ Example: SMART WATER COOLER®, not SMARTER WATER COOLER®
§ Example: POUR SOMETHING GOOD®, not pour something good
c. Identification and Status.
Always identify Bevi’s Trademarks by using a trademark notice symbol or acknowledgement. The requirements for identification differ between registered and unregistered marks, and marks used in or outside the United States.
o In the United States, use the appropriate symbol (® or ™) in superscript next to the mark at least the first time it appears on a product, in the text of advertising and marketing materials and online. Use the “®” symbol to identify Bevi’s Trademarks that are registered in the U.S. Use the “™” symbol to identify Bevi’s Trademarks that have not been registered, but which Bevi is using to identify certain of its goods or services. Refer to Section 3 for the correct notice symbols for Bevi’s Trademarks.
o Outside the United States, do not use notice symbols on products, advertisements, websites or ecommerce portals. Instead, use the following acknowledgement: “BEVI and the BEVI logo are trademarks of Hydration Labs, Inc. d/b/a Bevi.”
7. Third-Party Marks.
Other names or marks, including those appearing on Bevi’s websites or in connection with Bevi’s products or services, that are not owned by Bevi are for identification purposes only and may be the registered or unregistered marks of their respective owners. No license or right is hereby granted by Bevi by implication, estoppel or otherwise in or to any such third-party names or marks or to Bevi’s Trademarks hereby.
8. Amendment.
This Policy may be amended from time to time in Bevi’s sole discretion and without notice to you.
9. Questions.
For further information with respect to this Policy and Bevi’s Trademarks, please contact Bevi by email at info@bevi.com.
