Rights protection system applicable to new gTLDs – Trademark Clearinghouse (TMCH)
What is the Trademark Clearinghouse?
The Trademark Clearinghouse (TMCH) is an advanced system of intellectual rights protection and the essential part of ICANN’s new gTLD program. New gTLDs’ operators will be responsible for the implementation of certain rights protection mechanisms, supported by the Trademark Clearinghouse. TMCH allows brand holders to submit data related to their trademark into one consolidated database, prior to and during the launch of new gTLDs.
Verification of data is the fundamental and most significant condition to be fulfilled before the trademark owner is able to register its corresponding domain name during the Sunrise Period, which is the pre-registration stage of numerous TLDs.
Pre-registration of new gTLDs is provided by EuropeID at no cost. Click here to continue.
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Services provided by the TMCH:
Brands are safeguarded by the TMCH in two ways: with a Sunrise Service and a Trademark Claims Service.
EuropeID further recommend a Managed TMCH Submissions service. Click here to find out more.
TMCH Sunrise services:
Sunrise Period refers to a preliminary period of between 30-60 days before domain names are offered to the general public. Trademark owners can take advantage of the Sunrise by protecting the domain name that matches their trademark. A Sunrise Period is obligatory for all new gTLDs and the minimum requirement to participate in it is having a validated trademark submission in the Trademark Clearinghouse.
Trademark holders can record their IP rights directly with the TMCH or through an approved agent. EuropeID is an accredited agent with the Trademark Clearinghouse providing a Managed Submissions service, making sure the process of gathering and submitting all the required information to the TMCH is streamlined and efficient.
Following the verification process, the IP rights are held in a centralised repository and can be used for registration of the corresponding domain name during the Sunrise phase of any new gTLD, prior to the commencement of general registration. With a single trademark registration effective across as many as 1000 gTLD launches, this process will substantially reduce the related administrative costs and time consumption for trademark owners.
TMCH Claims services:
The Trademark Claims service follows the Sunrise phase. It is a notification service – operated by ICANN for all new gTLDs – to warn both domain name registrants as well as trademark holders of possible violations. The service works in the following manner:
A prospective domain name applicant receives a warning notice when making an attempt to register a domain name that matches a trademark term recorded in the TMCH.
If, following the receipt and acceptance of the notice, the domain name applicant does proceed to register the domain name, the trademark holder with a corresponding mark will be notified of the domain name registration, so they can determine whether or not to take any appropriate action.
Trademarks that can be accepted and verified by the Trademark Clearinghouse are as follows:
- registered trademarks,
- marks protected by statute or treaty,
- court validated marks,
- any other marks that represent Intellectual Property (IP) rights in accordance with the registry’s policies and that satisfy the Trademark Clearinghouse’ eligibility requirements.
In the event other types of marks are approved at a registry’s request, additional guidelines referring to these marks will be posted on the Website.
Submission of trademarks in the Trademark Clearinghouse is easy and time-efficient: entering your trademark information is possible via an online platform managed according to the highest standards of back-end technology and customer service.
We will inform you whenever a Sunrise phase of a new generic top-level domain is scheduled. If you choose not to secure the domain name corresponding to your brand through Sunrise, you will by default obtain Trademark Claims Services. Whichever alternative best suits your business needs, you can rest assured that you will be warned in time when action is imperative.
Disorganised data and segmented trademark management are out-of-date; by simply selecting managed filing with the Trademark Clearinghouse, you can monitor all of your trademark information in one place. Trademark portfolio management is smoother and more efficient than ever before.
There are no undisclosed costs associated with the managed trademark submission service. For one year or multiple years, you can benefit from the Trademark Clearinghouse services with a peace of mind.
EuropeID, an accredited agent of the Trademark Clearinghouse, provides Managed Submissions service designed for the purpose of assisting trademark holders in streamlining the data processing procedures, together with declaration of use and proof of use. The service will comprise managing the trademark data according to the TMCH requirements including trademarks validation as well as keeping the trademark holder up to date about any pertinent developments.