Trademark Clearinghouse: Difference between revisions
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The '''Trademark Clearinghouse''' ('''TMC''' or '''TMCH''') is a database of trademarks | 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 | 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> | ||
The most recent launch date for the TMCH is March 26th, nearly a month ahead of when the [[ICANN Board]] is set to recommend the first New gTLDs for implementation.<ref>[http://domainincite.com/11980-trademark-clearinghouse-to-open-march-26 Trademark Clearinghouse to Open March 26, DomainIncite.com] Retrieved 25 Feb 2013</ref> | The most recent launch date for the TMCH is March 26th, nearly a month ahead of when the [[ICANN Board]] is set to recommend the first New gTLDs for implementation.<ref>[http://domainincite.com/11980-trademark-clearinghouse-to-open-march-26 Trademark Clearinghouse to Open March 26, DomainIncite.com] Retrieved 25 Feb 2013</ref> | ||
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===Chehadé Concedes Mistake on Strawman=== | ===Chehadé Concedes Mistake on Strawman=== | ||
In a meeting with registries and registrars in Amsterdam on January 25th 2013, ICANN CEO [[Fadi Chehadé]] claimed that the biggest mistake yet of his 4 months as CEO was convening the meetings that led to the Strawman Proposal. At that time the proposal was still open for public comments and had not been rescinded, and a complaint by [[Maria Farrell]] of the [[NCUC|Non-Commercial Users Constituency]] had been filed with the [[ICANN Ombudsman]]. He notes that the speed at which they were addressing issues at ICANN was inevitably leading to mistakes, and that in his case he seems to have admitted to not appreciating the development process to create ICANN policy.<ref>[http://domainincite.com/11732-industry-man-chehade-admits-strawman-mistake Industry Man Chehade Admits Strawman Mistake, DomainIncite.com]Published and Retrieved Jan 25 2013</ref> | In a meeting with registries and registrars in Amsterdam on January 25th 2013, ICANN CEO [[Fadi Chehadé]] claimed that the biggest mistake yet of his 4 months as CEO was convening the meetings that led to the Strawman Proposal. At that time the proposal was still open for public comments and had not been rescinded, and a complaint by [[Maria Farrell]] of the [[NCUC|Non-Commercial Users Constituency]] had been filed with the [[ICANN Ombudsman]]. He notes that the speed at which they were addressing issues at ICANN was inevitably leading to mistakes, and that in his case he seems to have admitted to not appreciating the development process to create ICANN policy.<ref>[http://domainincite.com/11732-industry-man-chehade-admits-strawman-mistake Industry Man Chehade Admits Strawman Mistake, DomainIncite.com]Published and Retrieved Jan 25 2013</ref> | ||
===Implementation=== | |||
In March 2013, Mr. Chehadé announced that a number of points of the strawman solution have been classified as "implementation" and therefore do not need to be sent back to the [[GNSO]] as policy development. These include: a mandatory 30-day notice period before sunrises begin; Trademark claims extended from 60 to 90 days; a provision to allow Trademark owners to add up to 50 confusingly similar strings to their Trademark Clearinghouse records, the strings are deemed confusingly similar if they have been proven as such via a successful [[UDRP]] complaint.<ref>[http://domainincite.com/12334-icann-to-adopt-most-of-the-new-gtld-strawman ICANN to Adopt Most of the New gTLD Strawman, DomainIncite.com] Retrieved 31 March 2013</ref> | |||
==Other Models== | ==Other Models== | ||
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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 == | ||
<div style="column-count:2;-moz-column-count:2;-webkit-column-count:2"> | |||
{{reflist}} | {{reflist}}</div> | ||
[[category: Glossary]] | [[category: Glossary]] | ||
[[category: ICANN Bodies]] | [[category: ICANN Bodies]] | ||
__NOTOC__ | __NOTOC__ | ||