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Date		Statement
Name 

Status

Assignee(s) and
RALO(s)

Call for
Comments		Call for
Comments
Close 		Vote
Announcement 		Vote OpenVote 
Reminder		Vote CloseDate of SubmissionStaff Contact and EmailStatement Number
15.10.2012Trademark Clearinghouse Documents

Adopted

14Y, 0N, 0A

Avri Doria
(NARALO) 		16.11.201231.10.201202.11.201203.11.201206.11.201207.11.2012
12:00 UTC 		07.11.2012Karen Lentz
karen.lentz@icann.org 		AL/ALAC/ST/1112/1
Comment/Reply Periods (*)Important Information Links
Comment Open:24 September 2012
Comment Close:15 October 2012
Close Time (UTC):23:59 UTCPublic Comment Announcement
Reply Open:16 October 2012To Submit Your Comments (Forum)
Reply Close:7 November 2012View Comments Submitted
Close Time (UTC):23:59 UTCReport of Public Comments
Brief Overview
Originating Organization:ICANN Staff
Categories/Tags:Top-Level Domains
Purpose (Brief):

The Trademark Clearinghouse facilitates the protection of trademark rights during the initial allocation and registration periods for domain names in new generic top level domains (new gTLDs). Starting with the first round expected to be coming online late in 2013, all new gTLD registries will be required to use Clearinghouse data to ensure that a set of mandatory trademark rights protection mechanisms are applied to all new domain registrations occurring in at least the first 90 days of domain registration.

The documents for comment present the development work done on these Clearinghouse procedures and are now provided for community review and comment. Two explanatory memoranda are posted for a 45-day public comment period:

  1. Implementing Matching Rules [PDF, 194 KB]
  2. Implementing Proof of Use Verification [PDF, 176 KB]
Current Status:These memos provide Trademark Clearinghouse implementation details as currently developed.
Next Steps:Comments will be summarized and analyzed, and revisions to the relevant procedures may be considered based on the feedback received.
Staff Contact:Karen LentzEmail:karen.lentz@icann.org
Detailed Information
Section I: Description, Explanation, and Purpose

The Trademark Clearinghouse facilitates the protection of trademark rights during the initial allocation and registration periods for domain names in new generic top level domains (new gTLDs). Starting with the first round expected to be coming online late in 2013, all new gTLD registries will be required to use Clearinghouse data to ensure that a set of mandatory trademark rights protection mechanisms are applied to all new domain registrations occurring in at least the first 90 days of domain registration.

The documents for comment describe the development work done on Clearinghouse procedures and are now provided for community review and comment.
Two explanatory memoranda are posted for a 45-day public comment period:

  1. Implementing Matching Rules [PDF, 194 KB]
  2. Implementing Proof of Use Verification [PDF, 176 KB]
Section II: Background

With the launch of the New generic Top-Level Domain (New gTLD) Program, Internet users will see many new gTLDs enter the domain name system. Operators of new gTLDs will be responsible for implementing certain rights protection mechanisms, supported by the Trademark Clearinghouse.

The Trademark Clearinghouse is one of several important enhanced rights protection mechanisms that have been built into the new gTLD program. The Trademark Clearinghouse will accept and authenticate rights information, and will support both trademark claims and sunrise services, required in all new gTLDs. The Clearinghouse is expected to play an important role in the launch of the New gTLD Program and in ensuring ongoing protection of trademark rights.

Section III: Document and Resource Links
http://newgtlds.icann.org/en/about/trademark-clearinghouse
Section IV: Additional Information
 

(*) Comments submitted after the posted Close Date/Time are not guaranteed to be considered in any final summary, analysis, reporting, or decision-making that takes place once this period lapses.

FINAL DRAFT

Please click here to download a copy of the PDF below.

 

FIRST DRAFT

The first draft was developed on the New gTLD WG mailing list. 

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4 Comments

  1. Alan Greenberg

    Two comments.

    1. The first bullet does not seem to be a request for information, but a statement of advice.

    2. The expression "for subsistence or exercise" is not one I am familiar with. Google found just 3 occurrences (which did not relate to weight loss), but they did not illuminate things a lot. Is it possible to use an expression that is in more common use, or at least have someone explain to me what it means?

     

  2. Avri Doria

    I have rendered the three bullets as questions.

    As far as I can tell "subsistence or exercise" is common IP legal language

  3. Seth Reiss

    "subsistence or exercise" is not common IP legal language.  I assume "subsidence" would mean that IP rights reside in certain material whether or not the rights are being exploited, and "exercise" would be the exploitation of the rights, but that is just a guess.  Typically, pending patent applications are secret for 18 months from a first priority date.  Copyrights could be confidential in unpublished material.  Trademarks rights could never be secret.

     

    1. Olivier Crepin-Leblond

      I have added one more "in due course" to the sentence to make sure we do not advocate going against due course as you describe it.