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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 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>
ICANN estimates that the TMCH will become operational in October 2012. Currently there are five companies out of nine original applicants in the running for TMCH operator; ICANN expects to make its final decision in February.<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, 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 ==
A preliminary cost model was announced in June, 2012. According to this model, trademark owners would be able to submit a trademark to the clearinghouse for $150 per mark, although more complicated marks may require a higher cost. Annual renewal fees would cost some percentage of the original submission fee. The anticipated setup fee for registries to use the TMCH is $7,000-$10,000. The fee would cover Sunrise and Trademark Claims processes, as well as assistance in integration and testing.<ref>[http://www.natlawreview.com/article/icann-s-trademark-clearinghouse-update ICANN’s Trademark Clearinghouse: An Update, natlawreview.com]</ref>
A preliminary cost model was announced in June, 2012. According to this model, trademark owners would be able to submit a trademark to the clearinghouse for $150 per mark, although more complicated marks may require a higher cost. Annual renewal fees would cost some percentage of the original submission fee. The anticipated setup fee for registries to use the TMCH is $7,000-$10,000. The fee would cover Sunrise and Trademark Claims processes, as well as assistance in integration and testing.<ref>[http://www.natlawreview.com/article/icann-s-trademark-clearinghouse-update ICANN’s Trademark Clearinghouse: An Update, natlawreview.com]</ref>
In January 2013 a full pricing model was released. It differentiates between small trademark holders that are protecting a limited number of marks and large trademark holders or their agents who may represent many clients. The former are able to pay via credit card while the latter must prepay and have a volume discount available to them, with the lowest one year registration dropping to $95 from the initial $145. The original $145 price allows you to protect 10 related domain names, so typos, hyphens, and variations may be protected, should the holder wish to protect more each additional domain protected costs $1 per registration year.<ref>[http://www.trademark-clearinghouse.com/pdf/TMCH_fee_structure_21-01-2013.pdf TMCH Fee Structure, Trademark-Clearinghouse.com]Retrieved 23 Jan 2013</ref>
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==
[[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:
* Qualification for a “Once-off Registration Fee," which, like .xxx's Sunrise B, allows trademark holders to pay a one-time fee to block their exact-match domain names.
* Anyone attempting to register an exact-match domain name would have to have two sets of contact information verified before the domain name could go live.
* The Trademark Claims service, which alerts trademark holders when someone tries to register a domain containing one of their brands, would last indefinitely, instead of the standard 60 days after the gTLD goes into general availability.
* Rapid take down (within 48 hours) of a [[Uniform Rapid Suspension]] (URS) complaint, unless a Response Fee is paid, which would be equivalent to the URS fee paid by the complainant.
Trademarks must meet the following strict requirements in order to qualify for HARM:
* Proof that the company has trademark protection on the brand in three of ICANN's five geographic regions for at least five years.
* The company must demonstrate that their marks are particularly at risk for phishing and cybersquatting. One way to do so would be by having a minimum of five successful [[UDRP]] complaints or suspensions of infringing domains by a "top ten registrar."
* Marks will need to obtain a minimum total of 100 points, where one point is awarded for each legal protection in a jurisdiction, and for each successful UDRP, court action, or domain registrar suspension undertaken in relation to the mark.
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 ==