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March 18th, 2013
ICANN Introduces Trademark Clearinghouse to Protect Trademark Holders Online
Recent changes in available domain names may open up new possibilities for trademark infringement. As the International Corporation for Assigned Names and Numbers (ICANN) prepares to introduce new generic top-level domains (gTLDs), it is also releasing an important new tool to help trademark owners protect their rights on the Internet. ICANN's Trademark Clearinghouse (TMCH) is intended to be a repository of all registered trademarks in the world. Trademark owners interested in registering for domain names within new gTLDs, or potentially opposing infringing new gTLD domains, should prepare to register with the TMCH.
Beginning March 26, 2013, trademark owners all around the globe will be invited to register their marks with the TMCH. The TMCH will verify the validity of the mark and add all verified marks to the TMCH database.
Registration will offer two primary benefits to mark owners. First, the TMCH's Sunrise Registration program will allow mark owners to register their trademark as a domain name within each new gTLD at least 30 days before the general public. Taking advantage of this would allow a trademark owner to capture their "TRADEMARK.gTLD" domain before cybersquatters have the opportunity.
Second, for a limited time after the introduction of each new gTLD, the TMCH will notify mark owners about the registration of potentially infringing domain names. TMCH will compare every domain name that is registered in the new gTLDs to every verified trademark in the TMCH database. It is important to note that TMCH will not automatically prevent an application for a domain; mark owners will need to use ICANN's existing dispute system to challenge infringing domain name applications.
The TMCH looks to be a valuable tool for trademark owners concerned about cybersquatting. For more information about the Trademark Clearinghouse, ICANN's new gTLDs, or trademark protection in general, contact Mary Sotis at (212) 705 4878 or msotis@fkks.com, or Rachel Kronman at (212) 705 4855 or rkronman@fkks.com or any other memo of the Frankfurt Kurnit Trademark and Brand Management Group.
Other Intellectual Property Law Alerts
Avoid New Trademark Email Scams
The U.S. Patent and Trademark Office (“USPTO”) is the subject of some new and sophisticated email rackets. Read more.
December 22 2020
What Does Brexit Mean for Your UK Trademark Rights?
On January 31, 2020, the UK will formally withdraw from the European Union, and brand owners who have relied on their EU trademark applications and registrations for protection in the UK will need to make sure that their rights are secured in the UK. Read more.
January 31 2020
Supreme Court Says “Scandalous” Trademarks May be Registered
Here’s some news for brands, creators, and other entities developing nonconforming names or entertainment content. Yesterday, the Supreme Court ruled that FUCT and other profane, “scandalous” or “immoral” words may be registered as trademarks. Read more.
June 26 2019
