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TRADEMARK SEARCH - TERMS OF USE

 Thank you for using this free “Trademark Search” website (“the Website”). The Website is a public tool of Marcaria.com LLC, a Delaware corporation company. 

These Marcaria “Trademark Search” Terms of Use (“the Terms”) govern the relationship between Marcaria.com LLC and you, the User. Please read the Terms carefully before using the website.  The Terms may change without notice to you, so please check back here periodically to read the most recent version. You are responsible for being aware of the latest version of these Terms and presumed to know and understand these Terms at all times during your use of the Website.

 
Please read the following terms of use carefully before using this Website.
 
1. Acceptance and Acknowledgment of the Terms
 

These Terms constitute a legally binding contract between you and Marcaria.com LLC By using the Website, you indicate your acceptance of the Terms and agree to be bound by them.  You also agree that you are at least 18 years of age, are legally able to enter into a contract, and that you will comply with all applicable laws and regulations.
 
If you do not agree to these Terms, you may not access or use the Website.
 
By using the Website, you acknowledge that you have read these Terms and agree to be bound by them.
 
2. Our Services
 

The Marcaria trademark search Website provides automated software tools that allow Users to search public trademark records in a variety of jurisdictions around the world. We provide online search tools for both registered trademarks and trademark classes. Our trademark class search allows Users to search for trademarks within or by trademark class.

 

This website searches identical/similar trademarks filed and registered in several trademark offices. This is not a full availability trademark investigation. Marcaria.com LLC is not liable for any incomplete data or inaccuracies in the output of the check. 

Marcaria.com LLC investigation results are provided from several sources including but not limited to: the Australian Intellectual Property Office (www.ipaustralia.gov.au/), the Benelux Office for Intellectual Property (www.boip.int/), the Czech Patent and Trademark Office (www.upv.cz/), the Danish Patent and Trademark Office (www.dkpto.org/), the Italian Patent and Trademark Office (www.uibm.gov.it/), the Trademarks and Designs Registration Office of the European Union (euipo.europa.eu), the National Institute of Industrial Property of Portugal (www.inpi.pt/), the UK Intellectual Property Office (www.ipo.gov.uk/), the World Intellectual Property Organization (www.wipo.int), the Spanish Office of Patents and Trademarks (www.oepm.es/), the Slovenian Intellectual Property Office (www.uil-sipo.si/), the Industrial Property Office of the Slovak Republic (www.upv.sk/), the Estonian Patent Office (www.epa.ee/), the Patent Office of the Republic of Bulgaria (www.bpo.bg/), the National Institute of Industrial Property of France (www.inpi.fr/), the State Patent Bureau of the Republic of Lithuania (www.vpb.lt/), the Romanian State Office for Inventions and Trademarks (www.osim.ro/), the Swedish Patent and Registration Office (www.prv.se/), National Board of Patents and Registration of Finland (www.prh.fi/en/index.html), the Patent Office of the Republic of Latvia (www.lrpv.gov.lv/), the Hungarian Patent Office (www.hipo.gov.hu/), the National IP Office of Malta (www.commerce.gov.mt/), the German Patent and Trademark Office (www.dpma.de/ ) and the Austrian Patent Office (www.patentamt.at/), the USPTO (www.uspto.gov), the Albanian General Directorate of Patents and Trademarks (www.dppm.gov.al/),  African Intellectual Property Organization (www.aripo.org), Brazilian National Institute of Industrial Property (www.inpi.gov.br),  Japan Patent Office (www.jpo.go.jp/), Mexican Institute of Industrial Property (www.impi.gob.mx/), Russian Federal Service for Intellectual Property (www.rupto.ru/), Intellectual Property Office of New Zealand (https://www.iponz.govt.nz/), TMview (www.tmview.com)TMview is a consultation tool for public data concerning trademarks and according to their disclaimer and related limits/license conditions, the software and access to data is provided free of charge and with no commercial ends. 

This Website is of a purely informative nature with no commercial ends. Before undertaking crucial decisions that may imply relevant legal and economic consequences, it is strongly recommended to ask for a comprehensive legal advice.

 
3. Trademark Data Displayed on the Website
 

Our Website provides access to a variety of trademark registration records (collectively, “the Trademark Data”) primarily promulgated and maintained by nations around the world. The Trademark Data includes, but is not limited to, information, images, logos, graphics, charts, graphs, sounds, and documents related to international trademark registration records. 

While we do our best to ensure that the Trademark Data we collect is current and accurate, we cannot guarantee its accuracy. We also reserve the right in our sole discretion to remove Trademark Data from our database at the request of the trademark owner. Therefore, we cannot guarantee that the Trademark Data found through our Website is complete. 

The Trademark Data displayed on our Website is for information purposes only, and should never be used or relied upon to make legal decisions. Always consult a qualified, licensed attorney in your jurisdiction before making any legal decision.

 
4. Ownership of Trademark Data; Our Intellectual Property 

All ownership rights and interest in the Trademark Data displayed on the Website are owned by us or by their respective third-party trademark owners (Trademark Owners). Except where allowable by trademark law or otherwise expressly authorized by us or the Applicable Trademark Owners, none of the Trademark Data may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way. Any rights not expressly granted herein are reserved by us or by the respective Trademark Owners, as Applicable.

Marcaria.com LLC is the sole owner of the intellectual property that powers the Marcaria Trademark search Website, including but not limited to our source code and all related coding, markup, and technological processes, except where otherwise noted. You agree not to reverse engineer or attempt to gain access to the source code of our Website.  You also agree not to use any manual or automated method of copying source code, traffic data, or bulk Trademark Data from our Website, including “scraping,” “spidering”, or “crawling” any part or page of the Website.

 
5.  Our Privacy Policy
 

Please review our Privacy Policy, which is incorporated herein by reference and can be found at this link: www.marcaria.com/privacy

 
6. Your Relationship with Marcaria.com LLC
 

These Terms do not create any partnership, joint venture, employment, agency, or franchisee relationship between you and Marcaria.com LLC
 
7. Your Use of Our Website 

We grant you a limited, revocable, non-exclusive, non-transferable license to use our Website subject to these Terms in general and the following restrictions in particular: 

You may not use our Services in connection with any violation of local, state, federal, or international laws that Apply to you. This includes the commission of any crime against Marcaria.com LLC, any other User of the Website, any Trademark Owner, or any other third party.  You also agree not to interfere with or try to disrupt our Website or our computer systems by any use of malicious computer code.

 
8. Legal Services Referenced on the Website 

In certain areas of the Website, you may find references to or offers for legal services including trademark registration and related subjects.

 

Marcaria.com LLC is not a law firm. Marcaria.com LLC cannot and does not offer or provide legal services directly for our Users. We do offer a schedule of fixed-fee trademark registration services in a variety of countries throughout the world, which include the price of legal services, filing fees, and other associated costs. If you request trademark registration services through our Website, we will hire a local attorney to complete the trademark registration on your behalf.

 
By using the Website you agree that:

 
For more information on the trademark registration services we offer and a list of prices, please go to this address: www.marcaria.com
 
9. Intellectual Property Policy
 
We take the intellectual property rights of others very seriously. This Intellectual Property Policy governs the reporting process for allegedly infringing material and the procedures we will abide by in responding to reports of infringement.
 
This Policy was drafted in accordance with established intellectual property law, including the Digital Millennium Copyright Act (DMCA).
 
(a) Reporting
 
If you would like to report alleged intellectual property infringement, submit a counter-notice to a notice of infringement submitted against you, or withdraw a notice of infringement you submitted, please email us at [email protected]
 
(b) Notices of Infringement
 
We do our best to respond as quickly as possible when we receive proper notice of intellectual property infringement.  When we receive proper notice that something on our Website infringes upon someone else’s intellectual property rights, we remove or disable access to the allegedly infringing material as soon as possible. We will then make a reasonable attempt to contact the allegedly infringing party of the takedown and provide information about the notice we received and our removal of the allegedly infringing content. When the case involves alleged copyright infringement, we also provide information about counter-notification. We may send a copy of the original notice to the alleged infringer.
 
(c) Counter-Notices
 
If we receive a counter notice, we may reinstate the allegedly infringing material. Please remember that you may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is not infringing the intellectual property rights of others. A copy of the counter notice will be sent to the other party.
 
(d) Repeat Infringement
 
Marcaria.com LLC may terminate the accounts of Users who repeatedly receive notices of intellectual property infringement, at our sole discretion.
 
10. Disclaimer of Warranties
 
THE WEBSITE AND THE DATA IT CONTAINS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, MARCARIA.COM LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
 
MARCARIA.COM LLC MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (C) ANY DATA, MATERIALS, INFORMATION, OR CONTENT OBTAINED FROM THE USE OF THE WEBSITE OR OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY DATA, MATERIALS, INFORMATION, OR CONTENT OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON SAID DATA OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
 
USE OF ANY DATA, MATERIALS, INFORMATION, OR CONTENT OBTAINED FROM THE USE OF OR OFFERED THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. MARCARIA.COM LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DATA, MATERIALS, INFORMATION, CONTENT, OR SOFTWARE.
 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MARCARIA.COM LLC OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
 
11. Limitation of Liability
 
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND ALL OF ITS CONTENT REMAINS WITH YOU. NEITHER MARCARIA.COM LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ITS CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARCARIA.COM LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
 
IN NO EVENT WILL MARCARIA.COM LLC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN MARCARIA.COM LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 
12. Indemnification
 
You agree to release, defend, indemnify, and hold Marcaria.com LLC and its parents, affiliates, and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or its content or your violation of these Terms.
 
Notwithstanding the above indemnification, Marcaria.com LLC reserves the right to conduct its legal defense of any such claims in the manner it sees fit, in its sole discretion.  You agree to cooperate with us fully in our defense against any such claim.
 
13. Assignment
 
You may not assign or transfer your rights or duties under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights or duties under these Terms, without such consent, will be null and of no effect. Marcaria.com LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
14. Notices
 
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Marcaria.com LLC via email (in each case to the address that you provide) or by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.  For notices made by direct posting to the Website, the date of receipt will be deemed the date on which such notice was first posted.
 
15. Entire Agreement
 
Except as they may be supplemented by additional Marcaria.com LLC policies, guidelines, standards, or terms for a specific product, feature, service, or offering, these Terms constitute the entire and exclusive understanding and agreement between Marcaria.com LLC and you regarding the Website and its content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Marcaria.com LLC and you regarding the Website and its content.
 
16. Governing Law and Jurisdiction
 
These Terms and your use of the Website will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court of Delaware or any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
 
17. Dispute Resolution
 
We are committed to customer satisfaction, so we will always try to resolve any concerns or disputes you raise to your satisfaction. But if we are unsuccessful, you may pursue claims as explained in this section.
 
If we are not able to resolve your claims within 60 days, you may seek relief through arbitration as set forth below.
 
Any and all claims will be resolved by binding arbitration, rather than in court. This includes any claims you assert against us, our subsidiaries, users, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
 
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees, and costs), and must follow and enforce these Terms as a court would.
 
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
  
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law Apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
 
18. Changes to These Terms of Use
 
We reserve the right to modify these Terms at any time, without notice to you.  However, we’ll do our best to keep you updated by posting notices of changes to the Terms to our Website. Ultimately, however, you understand that it is your responsibility to be aware of these Terms (and your obligations under them) in their most current form, so please check back here regularly. We will post all updates to the Terms in this space.
 
19. Miscellaneous Legal Provisions
 
The Terms are intended to be severable, meaning that if any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
 
Our failure to enforce any part of the Terms does not constitute a waiver of our right to later enforce that or any other part of the Terms.
 
Marcaria.com LLC may assign any of its rights or obligations under the Terms.
 
The headings used throughout the terms are intended for convenience and description only, and shall not control or alter the meaning of the Terms contained within the text.
 
20. Contact Information
 
If you have any questions or concerns about these Terms of Use, please contact [email protected]
 

 

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