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Why the Trademark Claims Requirement Serve Serves Only Part of the Global IDN User Community

Under the revised Requirements for Trademark Claims, a Registry Operator that has established IDN variant policies for allocation of domain names in the TLD “must check all labels in a variant set against the Domain Name Label List for Trademark Claims before any domain names in the set are registered.”  This requirement serves the needs of only part of the global IDN community.  For example, it serves the needs of the Chinese script community, but not the needs of the Arabic script community.  [Note: For the purpose of this elaboration, an example focusing on the Arabic script is provided below to serve as an illustration of a script that is shared across multiple languages where there is no cohesive cohesion in IDN Tables among them..  This case is applicable to other scripts in a similar situation such as Latin, Cyrillic, etcetera.]

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Requiring the Arabic script community to develop cohesive IDN Tables or Label Generation Rules (LGR) is not a realistic option in the short term.  The Arabic script is the second most widely used alphabetic writing system in the world after the Latin script.  It is used not only for the Arabic language, but also for non-Arabic languages such as Malay, Farsi, UrdhuUrdu, Sindhi, Pashto, Punjabi, and more.  The diversity of the global Arabic Script community is such that it will require time for them to agree on cohesive IDN Tables or Label Generation Rules (and agreement is not guaranteed).  As a basis for comparison, it should be noted that the Han script community, which comprises the Chinese, Korean and Japanese languages communities, required more than a year to agree on cohesive IDN Tables and Label Generation Rules.  The implementation of the Trademark Clearinghouse cannot wait for this longer-term solution as it is uncertain how long it would take to resolve the linguistic differences.  Nevertheless, all script communities should still be encouraged to develop cohesive IDN Tables and Label Generation Rules to address issues that will arise beyond the Trademark Claims period.

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