Trademark Validation Service

Date: April 2017

1. Service

1.1 The Service assists you to check certain details of your trademark for early detection of potential issues which may arise in the registration of your trademark with the Trademark Clearinghouse (operated by the Internet Corporation for Assigned Names and Numbers (ICANN)) in relation to the launch of new generic Top Level Domains.

1.2 This Service is only available to you if you hold a nationally or regionally registered word mark in one of the Supported Jurisdictions listed below. THIS SERVICE IS NOT AVAILABLE FOR ALL TYPES OF TRADEMARKS, INCLUDING WORD MARKS VALIDATED BY COURT OR OTHER JUDICIAL PROCEEDINGS, WORD MARKS PROTECTED BY STATUTE OR TREATY, OR OTHER MARKS THAT MAY CONSTITUTE INTELLECTUAL PROPERTY BUT WHICH ARE NOT NATIONALLY OR REGIONALY REGISTERED.

1.3 We will submit your trademark details via our third party provider’s (Supplier) tool for validation and rectification against details provided by you. The Supplier’s tool will scan the following details of your trademark (as must be provided by you):

  1. Trademark name;
  2. Registration number;
  3. Registration date [YYYY-MM-DD];
  4. Application number (not mandatory);
  5. Application date [YYYY-MM-DD] (not mandatory);
  6. Expiration date [YYYY-MM-DD] (not mandatory);
  7. Jurisdiction(s) in which the registered trademark is protected;
  8. Goods and/or services class(es) for which registered trademark is protected;
  9. Detailed description of goods and/or services;
  10. Status of the trademark holder (owner, licensee or assignee of trademark);
  11. Trademark holder name/organisation and address (street, city, post code, country); and
  12. Trademark holder contact person, email and telephone and fax number,

against certain online trademark registers in Supported Jurisdictions and identify any inconsistencies. “Supported Jurisdictions” means the online trademark databases of specific jurisdictions the Service supports, including Andorra, Australia, Austria, Benelux, Bosnia and Herzegovina*, Bulgaria, Canada, Chile, Columbia, Croatia, Cyprus, Czech Republic, Germany, Denmark, Ecuador, Estonia, European Union (community), Finland, France, Hong Kong, Hungary, World Intellectual Property Organisation (WIPO), Ireland, Japan, Latvia, Lithuania, Macedonia*, Malta*, Mexico, New Zealand, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States. Jurisdictions marked with an asterisk may only have trademarks registered since 2005 available online.

1.4 Where inconsistencies are identified, we will notify you and ask you to review and correct the relevant information. Where you are receiving this Service in connection with our Trademark Clearinghouse Registration Service, we will otherwise automatically submit your trademark information to the Trademark Clearinghouse for verification and registration.

1.5 You must complete all sections specifying details of your trademark application and submit this to us. We will only verify details submitted by you.

1.6 You agree to grant a non-exclusive, royalty-free licence to us and our Supplier to use, transmit, display and reproduce your provided details in order to fulfil our obligation to provide you with the Service as contemplated by this agreement.

2. Reliance

You acknowledge and agree that your use of or reliance on any reports, written advice, information or work performed by us is your sole responsibility, and that we accepts no liability in relation to such use or reliance, or any matter arising from your use or reliance. We will not be liable to you for any trademark information or application for trademark registration which is rejected by ICANN, any domain name registry or the ICANN Trademark Clearinghouse for any reason whatsoever.

3. Disclaimer

3.1 You acknowledge that we do not provide any legal opinions or advice in relation to:

  1. this Service;
  2. any reports provided by us or any action taken by us as a result of this Service; or
  3. the eligibility or suitability of any trademark rights for any domain name registration or the registration of your trademark in the ICANN Trademark Clearinghouse.

3.2 You should seek legal advice in respect of the eligibility or suitability of any trademark rights for any domain name registration or the registration of your trademark in the ICANN Trademark Clearinghouse (including but not limited to any infringement or intellectual property law questions arising out of any such trademark rights or their use or ICANN Trademark Clearinghouse registration).

4. Your Warranties

4.1 You warrant that:

  1. you may not resupply or sublicense all or any part of the Service to any third party, directly or indirectly, under any circumstances; and
  2. your use of the Services will not infringe the intellectual property or any other rights of us, our Supplier or any third party.

5. Our Warranties

5.1 To the extent permitted by law, neither us nor our Supplier, or, any relevant party of either us or our Supplier make any warranty:

  1. that information contained in reports is correct, valid, accurate or complete;
  2. that either party will find or present to you all such information accessible or that the Service or any reports will uncover or appropriately identify all relevant information; or
  3. concerning the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information, services or merchandise contained in or provided through the Service.

6. Indemnity

You indemnify and defend Melbourne IT and our Supplier (each, an Indemnified Party) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or relating to:

  1. any breach of these Service Terms by you;
  2. your use of the Service; and
  3. third party claims of intellectual property right infringement by you.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.