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Trademark Clearinghouse

A novel mechanism to protect brands on the Internet


Trademark Clearinghouse is one of the most important mechanisms to protect registered brands that ICANN has established in the new Internet domain program. The protection device consists of a data base that contains information on registered brands worldwide that have passed the authentication procedure set by the Trademark Clearinghouse regulations.

 

The Official Registrations of each new domain extension must resort to that data base to guarantee protection of the registered brands that have been accredited at the Trademark Clearinghouse. That mechanism is expected to play an essential role in launching the new gTLD program by ICANN as a protection method for brands and other intellectual property rights.

Advantages of the TMCH

 

Priority of brand owners in the opening phases of new gTLDs

 

Only owners of brands registered in the Trademark Clearinghouse data base may participate in the opening phases of any of the new gTLD and actively register domains with priority over the rest of applicants. They must prove effective use of the brands to be able to participate in the preferential registration phases.

 

Fraudulent application warning

 

All holders of registered brands in the Trademark Clearinghouse data base receive a notification each time a third party attempts to register that name under any of the new domain extensions approved.

 

Dissuasion for potential offenders

 

Likewise, the applicant is provided a formal warning that the domain it intends to register matches that of a brand authenticated in the Trademark Clearinghouse data base and that its registration amounts to a breach of third party brand rights. The formal notification allows potential offenders to be informed of the risks of registering a specific domain and dissuades them from committing the offence. A great reduction in the volume of brand infringement during the roll-out phase of any of the new gTLDs is foreseen.

Why should I register my brand in the Trademark Clearinghouse data base through Ubilibet?


Many companies are bombarding registered brand holders with information on the Trademark Clearing House and offering their TMCH data base registration services. However, companies that wish to properly protect their brands in the Trademark Clearinghouse system must entrust the task to an experienced agent who provides all the necessary guarantees to ensure correct registration of the brands in the TMCH data base, as correctly safeguarding your company's industrial and intellectual property rights in relation to the New Internet Domain Program approved by the Internet Corporation for Assigned Names and Numbers (ICANN) depends on it.

 

Ubilibet has worked closely with the organisations involved in development of the Trademark Clearinghouse: ICANN, Deloitte and IBM, in order to implement an optimum solution for its clients to guarantee correct protection of your brands in the TMCH data base. Due to that close collaboration, there are a series of improvements in the Trademark Clearinghouse service that are only provided by Ubilibet and that offer you added value compared with all other validation agents.

Pre-validation

 

In the roll-out of previous new Internet domains (.info, .eu, .xxx), nearly 50% of the applications made during the preferential registration periods were refused due to errors in the information on the registered brands, or in the documentation attached, thus forfeiting the fee paid for validation of the brand rights and suffering the risk of domain squatting. Ubilibet pre-validates all the inscription applications it processes and only charges for those correctly included in the TMCH data base, thus avoiding any possibility of error and saving our clients unnecessary costs.

 

Extended monitoring of fraudulent registration

 

Trademark Clearinghouse is designed to inform the holders of brands registered in the TMCH data base of fraudulent registration of identical domains to such names during the first 90 days from the official launch date of each new extension. Ubilibet extends that notification service for illicit new registration by monitoring all the data bases of new and old gTLDs during the whole period brand inscription at Trademark Clearinghouse remains in force.

 

Extended search terms

 

The Trademark Clearinghouse will only provide notification of possible infringements when the domains applied for exactly match the brands registered in the TMCH data base. Ubilibet extends those rules, detecting registration of any domain that includes the brand in the chain of characters applied for, for example domains that include the registered brand preceded by the prefix “e­” or followed by the suffix “onlinestore”.