Madrid Monitor Database: Terms of Use (July 2025)

1. Definitions

In these Terms of Use:

- "WIPO" means the World Intellectual Property Organization, an intergovernmental organization and specialized agency of the United Nations, which administers the Madrid System for the International Registration of Marks.

- "Madrid Monitor database" refers to the WIPO database and its search service made available on the WIPO web site, which contains data on international applications and registrations under the Madrid System.

- "The Madrid System" refers to the system for the international registration of marks established in 1891, which is governed by the Madrid Protocol (1989).

- "The User" refers to any person accessing or using the information contained in the Madrid Monitor database, who shall be subject to these Terms of Use.

- "WIPO Account" refers to the WIPO system storing user profile information that is used to authenticate access to a range of WIPO's online services.

2. Acceptance of these Terms of Use

By accessing the Madrid Monitor database, the User automatically and unconditionally accepts and agrees to be bound by these Terms of Use in their entirety.

3. Access to the Madrid Monitor Database

The Madrid Monitor database may be accessed through a valid WIPO Account, in which case the User explicitly acknowledges and agrees to be bound by the WIPO Account Terms of Use, as may be amended from time to time.

4. Granted Rights

(a) WIPO grants the User access to and use of the information available in the Madrid Monitor database subject to the conditions described herein and the fair use policy outlined in section 6 below.

(b) Unless otherwise provided for in these Terms of Use, the User shall have a worldwide, limited, revocable, non-transferable and non-exclusive right to use data contained in the Madrid Monitor database as follows:

(i) query the data in the Madrid Monitor database;

(ii) view, download and store individual documents.

5. Prohibited Use

(a) The User does not have the right to make the following uses of data contained in the Madrid Monitor database:

(i) perform bulk acquisition, bulk downloads or bulk storing of data or documents;

(ii) perform bulk copying, bulk reformatting or bulk redistribution of data or documents;

(iii) use the information made available to contact registered applicants and holders of international registrations for any commercial purpose unrelated to the official registration of their marks or for any illegal or misleading activity.

6. Fair Use Policy

(a) The Madrid Monitor database search service is a free-of-charge public service. In view of the public interest, the service is not designed for bulk downloads and therefore the User shall not undertake the following unfair use:

(i) more than 10 search related actions per minute from an IP address; and

(ii) automated queries.

(b) WIPO reserves the right to intervene and restrict or prevent access to the User in case of unfair use of the service.

(c) Under no circumstances may the information made available through the Madrid Monitor database be made accessible or sublicensed in any way to another service provider host or publisher.

7. Availability of Service

(a) Access to the Madrid Monitor database is made available on a "best effort" basis, 24 hours per day, 7 days per week.

(b) WIPO reserves the right to temporarily suspend access to the Madrid Monitor database without prior notice for scheduled maintenance, system upgrades, or other operational requirements. Additionally, service interruptions may occur due to unforeseen circumstances, including but not limited to technical malfunctions, network issues, security incidents, or force majeure events.

(c) WIPO does not warrant uninterrupted access to the Madrid Monitor database and shall not be liable for any damages or consequences resulting from any temporary unavailability of the services. The User acknowledges and accepts that occasional service interruptions are an inherent aspect of online service provision.

8. Customer Support

(a) Customer support for the Madrid Monitor database services is provided on a reasonable efforts basis and subject to WIPO's available resources and overall demand. WIPO does not guarantee immediate response times, continuous availability of support services, or resolution of all inquiries.

(b) Support services may be limited, modified, or temporarily suspended without prior notice based on staff availability, technical constraints, maintenance requirements, or volume of requests received.

(c) The User acknowledges that response times and support availability may vary according to the complexity of inquiries, peak usage periods, and WIPO's operational priorities. Nothing in these Terms of Use shall be construed as creating an entitlement to any specific level of customer support or response time.

9. Disclaimers, Liability and Force Majeure

(a) WIPO makes every effort to ensure, but cannot guarantee, the accuracy and integrity of data contained in the Madrid Monitor database.

(b) The data contained in the Madrid Monitor database is provided on a strictly as is basis and the User is fully and solely responsible for the use of this data and for any results and consequences of this use.

(c) WIPO shall not be held liable for any or all uses of the data contained in the Madrid Monitor database and its search service that may affect or violate any patent, trademark, copyright, trade secret, other intellectual property right or any legal right of any third party.

(d) 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 Madrid Monitor database.

(e) The names and the designations used in the Madrid Monitor database do not imply the expression of any opinion whatsoever on the part of WIPO concerning the substance of the entitlement claim under the Madrid System, or of the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

(f) 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.

10. Database Modifications

(a) WIPO reserves the right, in its sole discretion, to discontinue, issue, and modify, at any time, the number, content, format, structure, and description of any or all data contained in the Madrid Monitor database.

(b) Any such modifications shall take effect 90 days following the posting of a notice on WIPO's website.

11. Indemnification

The User agrees to release, defend, indemnify, and hold WIPO harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with the use of the Madrid Monitor database by the User or the User's violation of these Terms of Use.

12. Intellectual Property

The User recognizes that the particular form of compiling data, the presentation and design of the Madrid Monitor database are protected by applicable intellectual property laws.

13. Acknowledgment of Source and Disclaimers

(a) The User shall identify WIPO as the authentic source of any of the data contained in the Madrid Monitor database.

(b) Any identification of WIPO as the source of data shall include 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".

14. Use of the Name or Logo of WIPO

The User shall not use the name or logo of WIPO without the prior written permission of WIPO.

15. Personal Data and Privacy

The User acknowledges that WIPO may use their personal data according to WIPO's Privacy Policy, which is incorporated herein by this reference.

16. Modifications to the Terms of Use

WIPO may amend these Terms of Use at any time and at its sole discretion. Any amendment will be posted on WIPO's web site. Unless stated otherwise, amendments shall take effect immediately upon posting of the new Terms of Use. The User is therefore required to check periodically and read the most recent version of these Terms of Use. The User is responsible for being aware of the latest version of these Terms of Use.

17. Settlement of Disputes

WIPO and the User shall use their best efforts to amicably settle any dispute arising out of the use of the Madrid Monitor database and these Terms of Use. If not settled amicably, the dispute may be referred to arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The appointing authority shall be the Secretary General of the Permanent Court of Arbitration. The place of arbitration shall be Geneva, Switzerland, and the language to be used in the arbitral proceedings shall be French or English. The decisions of the arbitral tribunal shall be based on general principles of international law. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.

18. 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 an intergovernmental organization and specialized agency of the United Nations.