With the first new gTLDs due to be delegated in the next few months, it’s important for our domain resellers to know what the trademark clearinghouse is and how it operates.
What is the Trademark Clearinghouse?
The Trademark Clearinghouse, or TMCH, is a global database of centrally held trademark data.
It’s independent from ICANN but is specifically designed to operate alongside the new gTLDs.
How does the Trademark Clearinghouse work?
The TMCH works by verifying trademarks in a central database.
It does this by allowing any trademark holders to register their trademarks and protect themselves against potential cyber squatters during the new gTLD process.
Trademark holders are expected to provide a number of details, including dates and names from their trademark certificate. In addition, they will be required to provide a detailed description of what the trademark covers and illustrate that the trademark is actively used.
Once the trademark has been confirmed by two separate identities, the trademark holder is then protected by the trademark clearinghouse during the Sunrise periods of new gTLD launches.
Trademarks will then be protected for a period of 30 days, where the holder can choose to register any domain names which match their trademarks.
After the Sunrise Period, the TMCH will then send any registrant trying to register a trademarked domain a warning email, to let them know that a trademark exists on the term. The registrant must acknowledge and respond to this warning. The registrant can then choose to continue with, or reject their registration. If the registrant continues with their registration, the TM holder is notified. This period is called the “Trademark Claims Period” and lasts for 90 days.
The Trademark Clearinghouse still allows holders to protect their trademark for another 6 – 12 months beyond this point. However, this will incur an extra fee.
The registrant is not required to accept the warning during this period.
Why does the Trademark Clearinghouse matter to our domain name resellers?
Your clients are likely to be very interested in the TMCH.
Many of them are likely to hold some trademarks. The chance to protect their trademarks against cybersquatters is an attractive one.
The new gTLD program is the next generation of domain name extensions. Make sure that your clients are informed about the TMCH and give them the opportunity to protect their trademarks!
We will give you more news on the TMCH here, on Twitter, on Facebook and on Google+.