Changes

The '''Trademark Clearinghouse''' ('''TMC''' or '''TMCH''') is a database of trademarks that will be established by [[ICANN]] in order to enhance the protection of [[Intellectual Property|intellectual property]] on the Internet.<ref>[http://techdailydose.nationaljournal.com/2010/03/icann-to-create-trademark-clea.php techdailydose.nationaljournal.com]</ref> The main role of TMCH is to serve as a central repository for the information related to the rights of trademark owners to be stored, authenticated and distributed.<ref>[http://www.v3.co.uk/v3-uk/news/1971874/icann-creates-trademark-clearinghouse v3.co.uk]</ref><ref>[http://www.infolawgroup.com/tags/trademark-clearinghouse/ infolawgroup.com]</ref> When a customer attempts to register a new domain and the domain matches up with a trademark existing in the TMCH, the customer will receive a warning that the creation of the domain may be considered [[cybersquatting]].<ref>[http://domainincite.com/trademark-clearinghouse-coming-in-october/ Trademark Clearinghouse coming in October, domainincite.com]</ref> Use of the TMCH is required for all new [[gTLD]] [[Registry|registries]].<ref>[http://www.icann.org/en/topics/new-gtlds/draft-rfp-clean-12nov10-en.pdf Draft Applicant Guidebook, November 12, 2010; Retrieved June 1, 2011]</ref>

The '''Trademark Clearinghouse''' ('''TMC''' or '''TMCH''') is a database of trademarks, established by [[ICANN]] in order to enhance the protection of [[Intellectual Property|intellectual property]] on the Internet.<ref>[http://techdailydose.nationaljournal.com/2010/03/icann-to-create-trademark-clea.php techdailydose.nationaljournal.com]</ref> The main role of TMCH is to serve as a central repository for the information related to the rights of trademark owners to be stored, authenticated and distributed.<ref>[http://www.v3.co.uk/v3-uk/news/1971874/icann-creates-trademark-clearinghouse v3.co.uk]</ref><ref>[http://www.infolawgroup.com/tags/trademark-clearinghouse/ infolawgroup.com]</ref> When a customer attempts to register a new domain and the domain matches up with a trademark existing in the TMCH, the customer will receive a warning that the creation of the domain may be considered [[cybersquatting]].<ref>[http://domainincite.com/trademark-clearinghouse-coming-in-october/ Trademark Clearinghouse coming in October, domainincite.com]</ref> Use of the TMCH is required for all new [[gTLD]] [[Registry|registries]].<ref>[http://www.icann.org/en/topics/new-gtlds/draft-rfp-clean-12nov10-en.pdf Draft Applicant Guidebook, November 12, 2010; Retrieved June 1, 2011]</ref>

ICANN originally estimated that the TMCH would become operational in October 2012. It was announced that 9 applicants were being vetted to provide services..<ref>[http://www.icann.org/en/minutes/board-briefing-materials-4-05jan12-en.pdf New gTLDs: Trademark Clearinghouse Implementation, ICANN Board minutes, 1/5/12]</ref> On June 8, 2012, ICANN announced that it had selected [[Deloitte]] and [[IBM]] to serve as the managers of the TMCH. Deloitte Enterprise Risk Services will serve as provider of the Trademark Clearinghouse’s authenticator/validator services. IBM will provide technical database administration services. Both companies are expected to subcontract [[IPClearingHouse]] (CHIP) in order to facilitate theses services.<ref>[http://www.natlawreview.com/article/icann-s-trademark-clearinghouse-update ICANN’s Trademark Clearinghouse: An Update, natlawreview.com]</ref>

ICANN originally estimated that the TMCH would become operational in October 2012. It was announced that 9 applicants were being vetted to provide services.<ref>[http://www.icann.org/en/minutes/board-briefing-materials-4-05jan12-en.pdf New gTLDs: Trademark Clearinghouse Implementation, ICANN Board minutes, 1/5/12]</ref> On June 8, 2012, ICANN announced that it had selected [[Deloitte]] and [[IBM]] to serve as the managers of the TMCH. Deloitte Enterprise Risk Services will serve as provider of the Trademark Clearinghouse’s authenticator/validator services. IBM will provide technical database administration services. Both companies are expected to subcontract [[IPClearingHouse]] (CHIP) in order to facilitate theses services.<ref>[http://www.natlawreview.com/article/icann-s-trademark-clearinghouse-update ICANN’s Trademark Clearinghouse: An Update, natlawreview.com]</ref>

== Structure ==

== Structure ==

The full breakdown of pricing and fee structuring can be seen [http://www.trademark-clearinghouse.com/pdf/TMCH_fee_structure_21-01-2013.pdf here].

The full breakdown of pricing and fee structuring can be seen [http://www.trademark-clearinghouse.com/pdf/TMCH_fee_structure_21-01-2013.pdf here].

==Feedback==

==Feedback==

In October, 2012, NTIA Assistant Secretary, [[Larry Strickling]] wrote to ICANN regarding its recent successes but also to implore it to continue to work on the Trademark Clearinghouse and the [[URS]].  Larry Strickling noted that ICANN had issued an update on the clearinghouse and a request for information searching for a URS services provider. NTIA encouraged ICANN to continue to allow stakeholders to evaluate and provide input on the the information presented by the applicants. It stressed that the URS was originally envisioned as an effective and low-cost alternative to the [[UDRP]], and encouraged ICANN to ensure that cost concerns were kept in mind throughout their evaluation process. NTIA also encouraged ICANN to not stop working on the [[Intellectual Property]] mechanisms as is, but continue to explore other ways of ensuring that trademarks and brands remain safe within the landscape of current and new TLDs.<ref>[http://www.icann.org/en/news/correspondence/strickling-to-crocker-04oct12-en Strickling to Crocker, ICANN.org]</ref>

In October, 2012, NTIA Assistant Secretary, [[Larry Strickling]] wrote to ICANN regarding its recent successes but also to implore it to continue to work on the Trademark Clearinghouse and the [[URS]].  Larry Strickling noted that ICANN had issued an update on the clearinghouse and a request for information searching for a URS services provider. NTIA encouraged ICANN to continue to allow stakeholders to evaluate and provide input on the the information presented by the applicants. It stressed that the URS was originally envisioned as an effective and low-cost alternative to the [[UDRP]], and encouraged ICANN to ensure that cost concerns were kept in mind throughout their evaluation process. NTIA also encouraged ICANN to not stop working on the [[Intellectual Property]] mechanisms as is, but continue to explore other ways of ensuring that trademarks and brands remain safe within the landscape of current and new TLDs.<ref>[http://www.icann.org/en/news/correspondence/strickling-to-crocker-04oct12-en Strickling to Crocker, ICANN.org]</ref>

The “Limited Preventative Registration” mechanism, or the aforementioned universal registration blocking across all gTLDs, was discussed at the meeting and while not part of the Strawman Solution it "remains a high priority item for the [[IPC]]/[[BC]]. Consequently, ICANN sought public comment on it separate from the Strawman Solution.<ref name="TMCH Public Comments"></ref> ICANN received about 85 emails and letters in response to the solution.<ref>[http://forum.icann.org/lists/tmch-strawman/ TMCH Strawman, Forum.ICANN.org]Retrieved 18 Jan 2013</ref>

The “Limited Preventative Registration” mechanism, or the aforementioned universal registration blocking across all gTLDs, was discussed at the meeting and while not part of the Strawman Solution it "remains a high priority item for the [[IPC]]/[[BC]]. Consequently, ICANN sought public comment on it separate from the Strawman Solution.<ref name="TMCH Public Comments"></ref> ICANN received about 85 emails and letters in response to the solution.<ref>[http://forum.icann.org/lists/tmch-strawman/ TMCH Strawman, Forum.ICANN.org]Retrieved 18 Jan 2013</ref>

==Other Models==

==Other Models==

[[Melbourne IT]] has proposed an anti-cybersquatting plan, called Minimizing HARM (High At-Risk Marks), which was inspired by the abandoned [[Globally Protected Marks List]], [[ICM Registry]]’s Sunrise B policy, [[.CO Internet]]’s launch program, and recent proposals from the intellectual property community. The plan looks to protect trademarks from the outset, asking the Trademark Clearinghouse to flag a certain subset of trademarks meeting certain requirements as High At-Risk Marks, which would receive special protections. These protections include:

[[Melbourne IT]] has proposed an anti-cybersquatting plan, called Minimizing HARM (High At-Risk Marks), which was inspired by the abandoned [[Globally Protected Marks List]], [[ICM Registry]]’s Sunrise B policy, [[.CO Internet]]’s launch program, and recent proposals from the intellectual property community. The plan looks to protect trademarks from the outset, asking the Trademark Clearinghouse to flag a certain subset of trademarks meeting certain requirements as High At-Risk Marks, which would receive special protections. These protections include:

Also blocked would be dictionary words from any of the UN’s six official languages.<ref>[http://www.thedomains.com/2012/08/20/melbourne-it-suggests-special-domain-protections-for-high-at-risk-marks-in-new-gtlds/ Melbourne IT Suggests Special Domain Protections For “High At-Risk Marks” In New gTLD’s, thedomains.com]</ref><ref>[http://domainincite.com/10176-whats-wrong-with-melbourne-its-new-anti-cybersquatting-plan What’s wrong with Melbourne IT’s new anti-cybersquatting plan?, domainincite]</ref>

Also blocked would be dictionary words from any of the UN’s six official languages.<ref>[http://www.thedomains.com/2012/08/20/melbourne-it-suggests-special-domain-protections-for-high-at-risk-marks-in-new-gtlds/ Melbourne IT Suggests Special Domain Protections For “High At-Risk Marks” In New gTLD’s, thedomains.com]</ref><ref>[http://domainincite.com/10176-whats-wrong-with-melbourne-its-new-anti-cybersquatting-plan What’s wrong with Melbourne IT’s new anti-cybersquatting plan?, domainincite]</ref>

== References ==

== References ==

 

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[[category: Glossary]]

[[category: Glossary]]

[[category: ICANN Bodies]]

[[category: ICANN Bodies]]

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