Trademark Clearinghouse

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 on the Internet. 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. 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. Use of the TMCH is required for all new gTLD registries.

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. 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 in order to facilitate theses services.

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 TMCH 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 TMCH 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.

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.

Pricing

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.