Trademark Clearinghouse: Difference between revisions
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Revision as of 21:44, 8 September 2011
The Trademark Clearinghouse (TMC) is a database of trademarks that was established by ICANN in order to enhance the protection of intellectual property on the Internet.[1] The main role of TMC was to serve as a central repository for the information related to the rights of trademark owners to be stored, authenticated and distributed.[2][3] Use of the TMC is included in process of applying for a new gTLD, as stipulated by the Draft Applicant Guidebook (published in November 2010).[4]
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.[5]
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.[6]