Corsearch Product Specific Terms – Trademark Watch Services

These Product Specific Terms apply to Trademark Watch Services provided by Corsearch to Customer in addition to the other terms contained in the relevant Order Form.

1. Definitions 

The following words and expressions have the following meanings in these Product Specific Terms and any capitalised terms used but not defined herein have the meanings set forth in the Agreement:

Watch” means ongoing monitoring of a trademark application, registration, and use in selected registers, and Nice classification to identify potential infringements.

Automated Watch” means a Watch order automatically processed and fulfilled by Corsearch Platform(s) using artificial intelligence based on the similarity threshold defined by User.

Expert Watch” means a Watch order reviewed, processed and fulfilled by an expert from Corsearch Watch admin team.

Automated Figurative Watch Calibration” means the one-off service including analyzing, interpreting and calibrating Corsearch Platform to enhance its automatic identification of similarities for the figurative mark, which is included in an Automated Watch order, based on Customer specified distinctiveness, visual priorities, relevant jurisdictions and Nice classification.

2. Onboarding Process

Customer acknowledges that the provision of the following documents and information is necessary for Corsearch to begin providing the Trademark Watch Services:

2.1 list of User(s) as defined in the Corsearch Master Service Agreement;

2.2 if applicable, the contact details of the recipient of an Expert Watch; and

2.3 any information and/or documentation necessary and reasonably requested by Corsearch to deliver the Services. (collectively the “Onboarding Materials”).

In the event of any delay by the Customer to provide Corsearch with the Onboarding Materials, Corsearch will notify the Customer of the impact of the missing Onboarding Materials and the Customer acknowledges that Corsearch’s ability to fully deliver the Trademark Watch Services may be impacted.

3. Invoicing

Corsearch may elect to invoice from the Corsearch affiliate that fulfills the order for the Services.

4. Watch Order Process

Upon signing the Order Form, Customer will provide Corsearch with a written list of trademarks that Corsearch will watch on behalf of Customer under this Agreement. This list may be submitted through Corsearch Platform(s) or via email (address provided by Corsearch), or through any other channel designated by Corsearch. Customer is responsible for providing all relevant details necessary for a Watch order. If an Automated Watch is ordered, Customer assumes sole responsibility for ordering the Automated Watch, reviewing the set-up, and defining the applicable similarity threshold.

5. Automated Figurative Watch Calibration Process

5.1 Where Automated Figurative Watch Calibration is ordered via an Order Form, Corsearch will:

5.1.1 Receive and review Customer’s figurative mark(s);

5.1.2 Collaborate with Customer to define the critical visual elements and priorities for the calibration process, including relevant jurisdictions and Nice classifications;

5.1.3 Access Customer’s designated Corsearch Platform(s) account to perform the Automated Figurative Watch Calibration, applying the agreed-upon visual priorities; and

5.1.4 Document the calibration selections, and upon completion, share with Customer as the calibration report.

5.2 Customer will:

5.2.1 provide Corsearch with all necessary information and documentation to define the distinctiveness, visual priorities, relevant jurisdictions and Nice classification of each figurative mark;

5.2.2 allow Corsearch to access their Corsearch Platform account to enable Corsearch to perform the Watch Calibration services;

5.2.3 provide timely and clear feedback regarding the important elements of their figurative mark(s) and any specific visual priorities for the calibration.

Customer acknowledges that the effectiveness of the Automated Figurative Watch Calibration is dependent on the clarity and completeness of the information provided by Customer. Additionally, Customer understands that Corsearch may suggest an Expert Watch, if the figurative mark is highly specific.

5.3 Automated Figurative Watch Calibration is intended to refine the similarity threshold of the Automated Watch for figurative mark(s) based on Customer’s specific needs. Customer acknowledges that while Watch Calibration aims to improve relevance, it does not guarantee the identification of all potential infringements or alter the fundamental nature of the Automated Watch as defined herein.

6. Automated Watch Change Process

During the Order Form Term, Customer may make changes to the ordered Automated Watch(es) through Corsearch Platform(s). Any requested changes will take effect within one (1) business day. A request to switch from Automated Watch to an Expert Watch will be considered a new watch order and will be subject to the provisions applicable to Expert Watch hereunder.

7. Expert Watch Change Process

During the Order Form Term, Customer may request changes to the ordered Expert Watch(es) via email or any other channel provided by Corsearch. Changes to the following watch criteria may result in additional charges:

7.1 Watch name;
7.2 Watch type;
7.3 Number of watched trademarks;
7.4 Registers, including number of registers; and
7.5 Number of Nice classifications.

Requested changes will take effect in accordance with the mutually agreed timeline upon (i) Customer’s approval of the additional charges and (ii) Corsearch’s written confirmation. A requested change, including a switch from Expert Watch to Automated Watch will not result in a refund, either partial or full. Customer may not decrease the quantity of Expert Watches ordered during the Order Form Term.

8. Fair Usage

Customer must always have a license for Corsearch Platform(s) to make use of Watch Services. Unless otherwise stated in the applicable Order Form, the number of Automated Watches that Customer is permitted to use will be limited to five hundred (500) watches per 12-month period.

Any watch orders outside of the above limit will require a separate Order Form and be subject to additional fees. Customer must contact Corsearch, via email (address provided by Corsearch), or through any other channel designated by Corsearch, for a new Order Form.

If Customer’s use of Automated Watch Services exceeds the limit set out in the applicable Order Form, Corsearch may condition any future renewals on the purchase of a higher-tier bucket.