Global Brand Database: Terms of Use (August 2020)

By accessing/using the Global Brand Database, the User is agreeing to be bound by these Terms of Use. These Terms of Use do not apply to online databases of national/regional authorities accessible through the Global Brand Database via hyperlinks.

1. Definitions

In these Terms of Use: 

“Global Brand Database” refers to the WIPO database with search tool made available on the WIPO website which contains data of trademarks, appellations of origin, geographical indications, emblems and other brand-related identifiers which national, regional authorities and/or WIPO registered or recognized.
 
“User” refers to any person using, free of charge, the information contained in the Global Brand Database.

“Madrid system” refers to the international registration of marks established in 1891 which functions under the Madrid Agreement (1891) and the Madrid Protocol (1989).

2. Use of Data

2.1 WIPO allows the User to access and make use of the information available in the Global Brand Database under the conditions described herein. The Global Brand Database is a free-of-charge public service aimed at implementing WIPO’s objective to assemble and disseminate information concerning the protection of intellectual property, as set forth in the Article 4(vi) of the Convention Establishing WIPO. In view of this objective, the Global Brand Database is provided only for public information purposes and the User is forbidden to:

  1. use the service excessively to the detriment of other Users (for that matter, more than 10 search related actions per minute from a single IP address can be considered excessive);
  2. perform automated queries;
  3. perform bulk acquisition, bulk downloading, and bulk storing of data;
  4. perform bulk copying, bulk reformatting, bulk sharing and bulk redistributing of data;
  5. perform web scraping;
  6. perform any other abusive use degrading or circumventing the service.

2.2 Under no circumstances may the data made available through Global Brand Database be sold or sublicensed by the User in any way without WIPO's permission.

2.3 When using the data provided in the Global Brand Database, the User shall identify “WIPO Global Brand Database” as the source and indicate the following disclaimer: “The World Intellectual Property Organization (WIPO) bears no responsibility for the integrity or accuracy of the data contained herein, in particular due, but not limited, to any deletion, manipulation, or reformatting of data that may have occurred beyond its control.”  

2.4 WIPO reserves the right to intervene and block access to the Global Brand Database in case of unauthorized or abusive use of the service.

3. Level of Service and Other Relevant Service

3.1 The Global Brand Database is provided by WIPO on a “best effort” basis, 24 hours per day, 7 days per week. This service may be unavailable from time to time for scheduled maintenance or due to unforeseen circumstances.

3.2 In addition to the Global Brand Database, WIPO may also provide the entire collection of all international marks recorded under the Madrid system on request and payment of a fee. For further information on this service, please contact WIPO.

4. Disclaimers

4.1 WIPO makes every effort to ensure, but cannot guarantee, the accuracy and completeness of the data contained in the Global Brand Database. The data contained in the Global Brand Database is provided on a strictly “as is” basis and the User is fully and solely responsible for the use of the data and for any results and consequences of this use.

4.2 WIPO publishes in the Global Brand Database the national/regional data as provided by the national or regional authorities concerned. Any required update of said data is made by WIPO upon receipt of the relevant information from the authority concerned. WIPO shall not make any changes and/or updates to the national/regional data upon the direct request of Users.

4.3 Hyperlinks to other websites imply neither responsibility for, nor approval of, the information contained in those other websites on the part of WIPO. WIPO makes no warranty, either express or implied, as to the legality, accuracy, or availability of such information.

4.4 Any search result generated by the Global Brand Database search tool does not imply the expression of any legal opinion whatsoever on the part of WIPO concerning the likelihood of confusion or conflicts between trademarks.

5. Modifications of Data

WIPO reserves the right to modify, remove or correct any data contained in the Global Brand Database at any time, in its sole discretion and without prior notification. 

6. Liability

6.1 WIPO shall not be held liable for any or all uses of the data contained in the Global Brand Database and any or all search results generated by its search tool that may affect or violate any patent, trademark, copyright, trade secret, other intellectual property right or any legal right of any third party.

6.2 WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to the User, including, but not limited to, losses of business, revenue or profits, as a consequence of using any of the data contained in the Global Brand Database. 

6.3 WIPO shall not be liable or deemed to be in default for any delays or failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance beyond its reasonable control.

7. User Login Information (where applicable)

The User may create a WIPO Account. As part of the registration process, the User is asked to choose a login name and a password (“login information”) for identification purposes. The User’s login information is personal and confidential. The User shall be responsible for any damages arising out of, or in connection with, the disclosure of his/her login information to anyone. The User agrees to notify WIPO of any unauthorized use of his/her login information as soon as he/she is aware thereof.

8. Intellectual Property

8.1 The User does not have the right to use the WIPO logo unless it is specifically authorized by WIPO in writing after having sent a request to editorial.design@wipo.int.

8.2 The User recognizes that the Global Brand Database, as well as the particular form of compiling data, the presentation and design of the Global Brand Database are protected by applicable IP laws. 

9. Personal Data and Privacy

The User acknowledges that WIPO may use his/her personal data according to WIPO’s Privacy Policy, which is incorporated herein by this reference.

10. Amendments to the Terms of Use

WIPO may amend these Terms of Use at any time at its sole discretion. Any amendments will be posted on WIPO’s website. Unless stated otherwise, amendments shall take effect immediately following posting of the new Terms of Use.

11. Privileges and immunities

Nothing in or relating to these Terms of Use shall be deemed or interpreted as a waiver of any privileges and immunities accorded to WIPO as international organization and specialized agency of the United Nations.

12. Settlement of Disputes

Any dispute between WIPO and the User arising out of or relating to these Terms of Use that cannot be resolved amicably shall be referred to arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.