Trademark Clearinghouse: Difference between revisions
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The '''Trademark Clearinghouse''' ('''TMC''') is a database of trademarks that | The '''Trademark Clearinghouse''' ('''TMC''') 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> ICANN estimates that the TMC will become operational in October 2012.<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> | ||
The main role of TMC 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> Use of the TMC 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> | |||
When a customer attempts to register a new domain through one of the new gTLD registries and the domain matches up with a trademark existing in the TMC, 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> | |||
== Structure == | == Structure == | ||
Revision as of 01:43, 8 January 2012
The Trademark Clearinghouse (TMC) is a database of trademarks that will be established by ICANN in order to enhance the protection of intellectual property on the Internet.[1] ICANN estimates that the TMC will become operational in October 2012.[2]
The main role of TMC is to serve as a central repository for the information related to the rights of trademark owners to be stored, authenticated and distributed.[3][4] Use of the TMC is required for all new gTLD registries.[5]
When a customer attempts to register a new domain through one of the new gTLD registries and the domain matches up with a trademark existing in the TMC, the customer will receive a warning that the creation of the domain may be considered cybersquatting.[6]
Structure
The Trademark Clearinghouse is divided into two branches.
Validation Centre
The Trademark Clearinghouse's Validation Centre authenticates intellectual property rights (IPR) claims through research. The TMC also helps applicants to rectify mistakes made in their IPR validation request. Each IPR validation request is assigned with a unique case number. Cases may be awarded with the status of "Verified," in which case the case is transferred to the Data Centre using EPP/XML. The validation centre also periodically revalidates already-verified cases stored in the data centre.
The TMC is unbiased in its researching, and does not reject IPR validation requests simply on the basis that the same term is already owned in their system by another party.[7]
Data Centre
The Data Centre holds all "Verified" IPR cases. A reference number is applied to each case that works as an identification number for the term and owner. The Data Centre also saves copies of all cases in escrow and operates in a database known as the ‘WhoHas,’ in which third parties can access the Data Centre's records. It also supports accredited registrars by providing them a case reference number to be used in a registration request. It also provides registries a list of the "Verified" cases that meet the eligibility requirements of for registry. It also supports the IP Claims process by sending out the necessary information whenever a third party applies for a "Verified" term that is stored in the Data Centre. The Data Centre doesn’t award the domain name registration, nor does it prioritize any 'Verified' case over the others.[8]
References
- ↑ techdailydose.nationaljournal.com
- ↑ New gTLDs: Trademark Clearinghouse Implementation, ICANN Board minutes, 1/5/12
- ↑ v3.co.uk
- ↑ infolawgroup.com
- ↑ Draft Applicant Guidebook, November 12, 2010; Retrieved June 1, 2011
- ↑ Trademark Clearinghouse coming in October, domainincite.com
- ↑ ecta.org
- ↑ ecta.org