Frequently Asked Questions - Trademark Eligibility Requirements

You need to first consult the new dot rule in the Clearinghouse Guidelines. If your trademark falls within the new dot rule requirements, you can send a service request to the customer support to re-correct the mark. For more information on creating a service request, please consult the Help Section/quick references.

Trademarks registered according to an accelerated procedure, such as in the Benelux, will be accepted in the Trademark Clearinghouse if they meet the verification requirements of these Guidelines, but in the event these trademarks have been submitted to the Clearinghouse before the examination of the absolute grounds by the relevant trademark office and the end of the opposition period, these trademarks will be verified again by the verification agents of the Trademark Clearinghouse at the end of the opposition period. In the event the trademark should no longer be protected at the time of the re-verification, it will be deemed invalid by the Trademark Clearinghouse.

The Trademark Clearinghouse in itself is not a trademark office. If you want your trademark to become a registered trademark, it is best to contact your local trademark office or agent to find out how. Only after your trademark is registered can you include it in the Clearinghouse.

Apart from registered trademarks, the Clearinghouse also accepts marks protected by statute or treaty or court validated marks

 

No, it is not possible. Trademarks starting with or containing a dot will not be accepted in the Trademark Clearinghouse. Dots cannot be replaced with a hyphen or the word "dot".

Yes, any mark with at least one character is acceptable in the Clearinghouse.

Trademarks subject to successful cancellation or invalidation procedures cannot be accepted in the Clearinghouse. You can find more information on the Clearinghouse eligibility requirements in the Clearinghouse Guidelines available on this website.

Trademarks subject to successful rectification proceedings cannot be accepted in the Clearinghouse. You can find more information on the Clearinghouse eligibility requirements in the Trademark Clearinghouse Guidelines available on this website.

No, this is not possible. Trademarks with the same name but registered in a different jurisdiction by the Trademark Holder will be treated as separate and independent trademark records. This will mean that if you want, for instance, to submit to the Clearinghouse a Trademark registered in France and in the United Kingdom, you will have to submit two separate and independent records: one for the Trademark registered in France and one for the Trademark registered in the United Kingdom.

State trademarks are not eligible for insertion in the Clearinghouse as trademarks need to be at least of national effect in order to be accepted in the Clearinghouse.  Trademarks registered by a city, state, province, or sub-national system will therefore not be accepted in the Clearinghouse. You can find more information about the Clearinghouse eligibility requirements in the Clearinghouse Guidelines.

No, trademarks which are currently under application will not be accepted in the Clearinghouse. You can find more information about the Clearinghouse eligibility requirements in the Trademark Clearinghouse Guidelines.

Yes, trademarks containing numbers can be accepted by the Clearinghouse. You can find more information about the Clearinghouse eligibility requirements in the Clearinghouse Guidelines available on this website.

For the moment, you can submit (1) registered trademarks, (2) court validated marks and (3) marks protected by treaty or statute in the Clearinghouse. In the future, the Clearinghouse may agree upon request of the registries to accept and verify “other types of marks”. This is however currently not the case.

As provided in the gTLD Applicant Guidebook, trademarks containing a “dot” will not be accepted by the Clearinghouse. You can find more information on the Clearinghouse eligibility requirements in the Clearinghouse Guidelines available in our Download section.

For the moment, you can submit to the Clearinghouse (1) registered trademarks, (2) court validated marks and (3) marks protected by treaty or statute. In the future, the Clearinghouse may agree with registries to process other types of marks, such as company names. This is however currently not the case.

Well known or famous non registered trademarks can be accepted in the Clearinghouse provided that the Trademark Holder can submit to the Clearinghouse a court order providing for such protection. Such trademark must be recorded under the trademark type “court validated mark”.

These trademarks can be accepted in the Clearinghouse under certain conditions. For more information on the eligibility requirements to be met by such trademarks, as well as examples of such trademarks, we advise you to consult the full Clearinghouse Guidelines, available in our Download section.

Yes, assignees are allowed to submit TM in the Clearinghouse. They fall into the category of Trademark holders. They will need to provide an assignee declaration.

Yes, licensees are allowed to submit TM in the Clearinghouse. They fall into the category of Trademark holders. They will need to provide a license declaration.

No, Trademark Agents are also admissible to submit a trademark record on behalf of the Trademark owner. Trademark Agents are entities or individuals authorized to act on behalf of the Trademark owner who have agreed to the Clearinghouse Validation Terms and Conditions for Trademark Agents.

Yes, trademarks in non-ASCII characters are accepted.

Yes, trademarks in IDN characters (Internationalized Domain Name) are accepted.

Yes, trademarks in both Latin as well as non-Latin script are accepted.