Tmch

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

TRADEMARK CLEARING

HOUSESHILPA

SUBRAMANIAN



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

INTRODUCTION

The Internet that was founded upon the traditional top-level domain names

of .com, .net and .org is no more. The Internet Corporation for Assigned Names

and Numbers (ICANN) is well into the processing of applications for new

generic top-level domain names (gTLDs), such as .best, .christmas,

and .supplies, among some 1,400 others (and counting). These new gTLDs have

many brand owners concerned about how they can best protect their brands in

the multi-faceted new domain name world. In the past, trademark owners only

had tazo worry about cybersquatters in the handful of traditional gTLDs; now,

trademark owners will have to diligently monitor and enforce their brands across

thousands of new gTLDs. To address these concerns, ICANN incorporated

several mechanisms to notify trademark owners when others attempt to purchase

their brands with a new gTLD, and it implemented a new Uniform Rapid

Suspension System (URS) intended to be a much quicker (and cheaper)

resolution process to suspend infringing domain names.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

Trademark Clearing House (TCH)

MEANING: The Trademark Clearinghouse (TMC or TMCH) is a

database of trademarks that will be established by ICANN in

order to enhance the protection of intellectual property on the

Internet. The main role of TMCH is to serve as a central

repository for the information related to the rights of trademark

owners to be stored, authenticated and distributed. When a

customer attempts to register a new domain and the domain

matches up with a trademark existing in the TMCH, the customer

will receive a warning that the creation of the domain may be

considered cybersquatting. Use of the TMCH is required for all

new gTTLD registries.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

SPECIAL CHARACTERS

The trademarks that include special characters cannot be

represented in a domain name (e.g., “_” or “*”), identical

matches will include the trademark without the special character,

as well as the trademark with a hyphen in place of the special

character. The special characters “@” and “&” will result in

notifications that match the trademark without the special

character, as well as the trademark with the special characters

spelled out in the official language of the country or jurisdiction

of the mark. Marks that incorporate a “dot” (.) may also be

registered, as long as the period functions as punctuation,

abbreviation, or figurative part of the registered trademark.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

PURPOSE

An application to the Trademark Clearing House serves two purposes:

1. Enables Sunrise Applications:

Participation in the Trademark Clearing House is the

only way to pre-register brands in the sunrise phase which precedes

all new gTLD launches. This process will greatly reduce the

administrative burden and associated costs for trademark holders.

2. Receive Notifications on all possible infringements:

During the trademark claims period 60 days after the

Sunrise period, trademark holders may choose to be notified

immediately when someone registers a domain name, in any of the

new gTLDs, that match the registered trademark.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

SUNRISE PERIOD

For at least 30 days before domain names in a new gTLD become

generally available, the registry must first offer a sunrise registration

period for "identical matches" of trademarks that are recorded in the

clearinghouse that meet whatever other eligibility requirements there

may be for the particular new gTLD. If a trademark owner wishes to

obtain a domain name in a particular new gTLD that is an identical

match to an existing mark during the sunrise application period, the

mark must be recorded in the clearinghouse.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

NOTICE OF CLAIMS SERVICE

After the sunrise period, domain names will become generally

available (subject to the registry’s eligibility requirements).

For a minimum of the first 90 days after general launch,

domain name applicants will receive a notice if their

requested domain name is an identical match to a trademark

recorded in the clearinghouse. This will give the applicant an

opportunity to decline to register the domain name. If the

applicant proceeds to register the domain name, the trademark

owner will receive notice that the domain name has been

registered. It is then up to the mark owner to take whatever

action it deems appropriate, if any.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

The Uniform Rapid Suspension System

• The Uniform Rapid Suspension System (URS) is a dispute resolution policy that

complements the Uniform Dispute Resolution Policy (UDRP). While the UDRP

applies to domain names registered in new or existing gTLDs, the URS will apply

only to domains registered in new gTLDs launched after January 1, 2013, as well as

to select country-code TLDs that elect to adopt it.

• In general, the requirements to file and prevail in a dispute under the URS are similar

to those in a UDRP proceeding. The Examiner will determine whether

(1) the registered domain name is identical or confusingly similar to the

Complainant’s word mark,

(2) the Registrant has no legitimate right or interest in the domain name, and

(3) the domain was registered and is being used in bad faith.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

Conclusion

• Ultimately, the URS should provide a useful alternative to the UDRP in

cases of clear-cut trademark infringement. For trademark holders

satisfied with suspending a domain, rather than canceling or

transferring it, the URS should be a cheap and efficient tool for fighting

trademark abuse in the new gTLDs.

• The URS will grow in importance and value to rights holders as new

gTLDs are delegated, as additional registries implement it, and as URS

providers gain experience handling URS claims. Implementation of the

URS by major incumbent TLDs such as .com, .net, and .org would also

significantly increase its value to rights holders.

• All trademark owners should be familiar with the URS and incorporate

it into their arsenal of weapons to combat cybersquatting and other

online infringement of their intellectual property.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

Thank you

Tmch

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