Tuesday, 26 March 2013

Trademark Clearing House (TMCH) opens today

In order to reduce the burden of right holders to provide trademark certificates to each of the new gTLD registry, where one wants to register a domain name, ICANN has chosen IBM/Deloitte as the provider of central Trademark Clearing House.

For a fee of USD 150 per mark per year right holders can file their Trademarks (and other IPR) in the central TMCH. Once a mark is validated and accepted in the TMCH, the right holder can participate in all sunrise (pre-registration) phases for under each new gTLD (provided the registrant is eligible in each new gTLD (i.e. some new GEO TLDs will require a local presence, and other community based TLDs will require membership).

In addition right holders whose marks are filed in the TMCH will be notified within the first 90 days of the launch of a new gTLD, in case a third party has registered an identical match of their mark in the TMCH. The registrant will also be notified prior to the completion of the domain name registration that there is a registered mark for the string, they wish to register as a domain name.

Should a third party still wish to register the domain, a right holder can dispute such registrations by using the new Uniform Rapid Suspension System (the less expensive and faster equivalent of the UDRP). When filing such URS disputes, right holders may refer to their filing number in the TMCH, which will make it convenient to file a dispute (max 5,000 words, and online dispute form, costs of appr. USD 500). 


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  3. Once you have obtained a trademark registration, the risk that your use of the trademark will infringe the trademark rights of anyone else is vastly reduced.trademark registration

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