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ICANN introduces Trademark Clearinghouse

Article by: EuroDNS  |  Posted on: 2012-02-17 11:53:39
ICANN introduces Trademark Clearinghouse for protecting new gTLDs

Following ICANN’s recent announcement that from January 12 until April 12, 2012, any legal entity can file an application with ICANN (Internet Corporation for Assigned Name and Numbers) for new generic top-level domains (gTLDs), ICANN has notified that it will hire a third party to implement a Trademark Clearinghouse. The Trademark Clearinghouse will help keep a database of registered trademarks for all new gTLD registries that will connect their systems to it and will also act as a central storehouse of trademark information. 

The trademark clearinghouse that ICANN is in the process of establishing will be required to provide two primary functions:

• Authentication and validation of the trademarks in the Clearinghouse
• Serving as a database to provide information to the new gTLD registries to support pre-launch Sunrise or Trademark Claims Services

In today's online world there are 22 different generic top-level domains (gTLDs). This list which includes .com, .net, .org, .gov, .biz and the recently launched .xxx are the most popular extensions. As per the new gTLD program, unlimited gTLDs will be released and anyone can apply for new website domains specific to their businesses. For the first time generic TLDs will be able to include words in non-Latin languages, such as Cyrillic, Chinese or Arabic and can also be specific to a business or product. For e.g. .cars, .cola, .watches, .nike, .football, .nokia, .starbucks, etc. 

ICANN plans to have the Trademark Clearinghouse for new gTLDs up and running by October 2012, giving companies three months to submit their trademarks to the Clearinghouse before the first new gTLDs go live in early 2013.

Being listed in this Trademark Clearinghouse is important for the protection of one’s brand. Entering a registered trademark into the Trademark Clearinghouse database will allow trademark owners to obtain some important protections that would otherwise not be available. Registries will give owners of trademarks entered in the Trademark Clearinghouse the right to register a domain name consisting of the trademark before registration is available to the general public.  For example, the registry that owns .coffee will offer Starbucks the right to purchase starbucks.coffee before it is available to the public.  Also, those attempting to register a domain name that is in the Trademark Clearinghouse will be notified that the proposed domain name is a trademark while owners of those trademarks, and if entered in the Trademark Clearinghouse, will receive notifications when someone tries to register a domain name that is identical to their trademarks. 

In addition, brand owners will benefit from the introduction of the Uniform Rapid Suspension System (URS). The URS is designed to provide an expedited procedure for addressing clear cases of infringement against trademarks. The URS would exist alongside the Uniform Domain Name Dispute Resolution Policy (UDRP), which also addresses matters of trademark infringement in domain names. While the UDRP provides for transfer of a contested domain name to the rights holder, the URS is intended to provide a faster (and less expensive) means to stop the operation of an abusive site.

Help is available to make the complex topic of new gTLDs and related Trademark Clearinghouse easier to understand. Providers such as EuroDNS’ partner OpenRegistry.com offers all the necessary tools and expertise to prepare for a successful gTLD application and operate the extension for the next ten years on their state-of-the-art infrastructure.

This will be a revolution in the world of domain names. EuroDNS plans to offer the most exciting extensions as soon as they are available, in the meantime don’t hesitate to get in touch to see how we and our partners can help!

sales@eurodns.com
info@openregistry.com