[governance] ICANN Trademark Clearinghouse To Start Accepting Registrations This Month

John Curran jcurran at istaff.org
Thu Mar 14 09:54:32 EDT 2013


Riaz - 

In my view, it would indeed represent very significant mission creep if it were a 
general purpose "Trademark Clearinghouse", as one might presume from its title.  
A more descriptive title for the database/service might be:

   "ICANN New gTLD Registration Process Trademark Registration Database"

i.e. it's germane solely to ICANN's New gTLD registration process, and not 
any more general scope or purpose (at least as far as I can determine)

(It does make one wonder why ICANN had to create this, and could not just
automatically provide such notices based some existing trademark db, but 
that turns out to be a very difficult task; an excellent overview of some of the 
challenges can be found in this WIPO IP Authorities Symposium presentation - 
http://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ip_aut_ge_11/wipo_ip_aut_ge_11_t.ppt)

FYI,
/John

Disclaimers:  My views alone.  All marks reserved. ;-)


On Mar 14, 2013, at 3:00 AM, Riaz K Tayob <riaz.tayob at gmail.com> wrote:

> ye ol mission creep formalised... 
> 
> ICANN Trademark Clearinghouse To Start Accepting Registrations This Month
> 
> Published on 13 March 2013 @ 8:55 pm
>  Print This Post
> 
> Intellectual Property Watch
> 
> By Kelly Burke for Intellectual Property Watch
> 
> The Internet Corporation for Assigned Names and Numbers (ICANN) has announced that its Trademark Clearinghouse database, through which rights holders can submit their eligible trademarks prior to and during ICANN’s launch of new domains, will start operating on 26 March.
> 
> Any trademark holder, private person, or company can submit their trademark, according to the clearinghouse website. The registry is intended to make it easy for rights holders to track potentially infringing registrations. ICANN is the domain name system technical oversight body.
> 
> The clearinghouse will accept trademarks that are nationally or regionally registered trademarks; protected by statue or treaty; validated through a court of law or other judicial proceeding; or others that constitute intellectual property rights. Full clearinghouse guidelines can be found here [pdf].
> 
> The verified data in the Trademark Clearinghouse will be used to support both sunrise services and trademark claims, according to a       clearinghouse FAQ page provided by ICANN. The 30-day sunrise service period allows users an “advance opportunity to register domain names corresponding to their marks before names are generally available to the public.” After the sunrise period expires, the claims service will send an automatic notification to a trademark holder who has signed up if another user applies to register a domain name that directly matches the trademark.
> 
> The Trademark Clearinghouse is part of ICANN’s new generic top-level domain (gTLD) process implemented last year (IPW, Information and Communications Technology/Broadcasting, 31 January 2012). The clearinghouse was intended to address trademark holders’ concerns about the large expansion of new domains.
> 
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