Tmch

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Tmch

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Tmch

  1. 1. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com TRADEMARK CLEARING HOUSE SHILPA SUBRAMANIAN
  2. 2. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com 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.
  3. 3. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com 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.
  4. 4. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com 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.
  5. 5. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com 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.
  6. 6. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com 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.
  7. 7. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com 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.
  8. 8. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com 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.
  9. 9. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  10. 10. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com 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.
  11. 11. CHENNAI 3rd 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 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Thank you

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