Who can apply to register trademarks in the TMCH?
Individuals, companies, groups or entities can apply as long as they hold an eligible trademark (see below) and submit all the trademark information and documentation required by the TMCH. We are accredited by the TMCH to act as your trademark agent and submit applications for trademark registrations with the TMCH on your behalf.
How are trademark holders protected with the TMCH?
Once your trademark is registered with the TMCH, you will have first rights to register domain names that match your mark under the sunrise period of any new gTLD being launched (subject to meeting any eligibility requirements specified by the registry for a particular new gTLD). Once your trademark is registered with the TMCH, you can rely on that registration across all new gTLD sunrise periods.
Trademark Claims Periods
Ffollowing the sunrise period for each new gTLD in which you can elect to receive a notification if any third party a registers a domain name that matches your trademark (as registered with the TMCH).
We will also alert you to any upcoming new gTLD launches.
How do the Sunrise Periods work?
Trademark holders will have the ability to register domain names that match their trademark before the general public. In order to register a domain name under a new gTLD, you must meet the eligibility requirements of the relevant registry. This means that you cannot automatically register for every new gTLD release, but it does mean that you don't have to verify your trademark information at every registry.
A Sunrise period will last for at least 30 days (Minimum requirement), with a 30-day “advance notice” period.
Limited to exact matches of a domain name to an eligible TMCH registered trademark.
Will the TMCH block domain name registrations that potentially infringe your trademark rights?
No. The TMCH will not block domain name registrations that potentially infringe your trademark rights. Once you have had your trademark registered with the TMCH, you will be have the ability to register that trademark as a matching domain name during the sunrise period of each new gTLD. Additionally, (where requested) you will also be notified when a third party registers a domain name in that new gTLD space which corresponds to that trademark.
What happens if there is a potential breach on my trademark?
One of the major benefits of the new TLD program is the Uniform Rapid Suspension [System] (URS).
The URS quickly detects potential domain name infringements and where a trademark holder makes a complaint against a particular new gTLD domain name, the registrar of record for that domain name will automatically freeze that domain.
The registrar of record for that frozen domain name will then alert the 3rd party registrant, who will have 14 days to respond to the freeze. If a response is not received, the domain name will be automatically pointed to the TMCH URL page for the remaining duration of the registration period. This will render the domain name unusable.
The URS is a more cost effective solution to the current Dispute Resolution Procedure that applies to many domain spaces.
Do I hold an eligible trademark?
As specified by ICANN in the Trademark Clearinghouse Guidelines located at www.trademark-clearinghouse.com, the TMCH will accept for registration the following trademarks:
1. Nationally or regionally registered word marks from any jurisdiction(s)
Trademark must be nationally or regionally (i.e. multi-nationally) registered mark on the principal or primary register in the mark's jurisdiction.
The trademark in question must have national effect and be registered prior the time submitted for verification and registration with the TMCH.
2. Court-validated word marks
Word marks that have been validated through a court of law or other judicial proceeding at the national level.
These marks may include but are not limited to unregistered (common law) marks and/or well-known marks.
3. Statute or treaty-protected word marks
Word marks protected by a statute or treaty in effect at the time the mark is submitted to the Trademark Clearinghouse for inclusion.
These marks may include but are not limited to geographical indications, designation of origin, names relating to the International Olympic Committee and the Red Cross/Red Crescent.
For the purposes of sunrise eligibility, a mark must be specifically protected by a statute or treaty currently in effect and that was in effect on or before 26 June 2008.
4. Other marks that constitute intellectual property may be recorded in the Trademark Clearinghouse by arrangement with a new gTLD registry.
What marks won't the TMCH accept?
In general, the TMCH will not accept the following marks:
Any mark that does not meet the eligibility requirements specified by ICANN in the Trademark Clearinghouse Guidelines located at www.trademark-clearinghouse.com
Any mark that includes a top level extension such as “icann.org” or “.icann” or “trademarkexample.com”
Any mark starting with or containing a “dot” (.).
Any mark that does not contain any letters, words, numerals or Domain Name System (DNS) valid characters.
• Any mark that is not of national effect. (e.g. marks registered by city, state, province or sub-national region)
Please refer to the Trademark Clearinghouse Guidelines located at www.trademark-clearinghouse.com for further specific exclusions in each category of eligible trademarks.
What if there are multiple valid submissions to register the same mark?
A circumstance may occur where there are multiple applications for the same mark within the TMCH. This can occur due to brands holding the same mark within different goods and services classes, and/or in different jurisdictions. The TMCH will accept valid identical trademark registration applications if those trademarks are registered in different classes and jurisdictions. If multiple applications are made for the same mark within the TMCH, it will be solely for the new gTLD registry to decide how domain name applications are accepted (ie. go to auction, first in, best dressed basis etc).
What is the Uniform Rapid Suspension (URS)?
URS is meant to provide a fast, low-cost alternative to the UDRP for the suspension of clearly infringing domains.
What is the Post-Delegation Dispute Resolution Policy (PDDRP)?
PDDRP is a rights protection mechanism for trademark holders where they may take any infringement concerns straight to the Registry if they feel that the Registry is acting in bad faith.
What is the Registry Restriction Dispute Resolution Procedure (RRDRP)?
RRDRP is designed to address post delegation concerns. It allows complainants to assert that the Registry operator has not complied with its stated registration restrictions.
Does Neudomains offer solutions to detect domain name abuse in new gTLDs?
Yes. Neudomaisns Brand Protection identifies infringement across all new gTLDs.