Frequently Asked Questions - general
The TMCH is the only clearinghouse that has been developed by ICANN. If there are other providers that state that they are providing the same services as the TMCH, please provide us with this information by sending us an e-mail through the general inquiries form. Please be aware that that the TMCH is the only clearinghouse that connects with all registries. For more information please visit ICANN’s website: http://newgtlds.icann.org/en/about/trademark-clearinghouse.
No. The Claims Period is the first 90 days of General Registration. A Limited Registration Period by definition is a registration period in which the Registry Operator has imposed additional registration restrictions beyond the registration policies for the TLD’s General Registration. Thus, a Limited Registration Period cannot occur at the same time as the Claims Period / General Registration.
A Limited Registration Period is any registration period between the end of the Sunrise Period and the start of General Registration. Thus, a Limited Registration Period must have some registration restriction that limits domain names from being generally available to all registrants that are qualified to register domain names within the TLD. Any registration during a Limited Registration Period must be subject to the Claims Services in the same manner as registrations registered or Allocated during the Claims Period.
For at least the first 90 days of General Registration, each TLD must provide the Claims Services. The Claims Services provide notice to potential domain name registrants that the domain they are seeking to register matches a label in the Trademark Clearinghouse. If the registrant decides to register the domain name, the Trademark Clearinghouse will notify the applicable trademark holder of the domain name registration.
No, this information is not publicly available.
Every Wednesday an automated e-mail will be sent out to Holder & agent accounts (application user e-mail address), in order to inform them of status changes to their mark records.
The e-mail will contain the mark name, mark handle and appropriate message relating to the status change: <Mark name>/<Mark handle> : <Message>.
The following messages are possible:
- Mark has been verified and approved;
- Mark is not approved. Further attention needed;
- Mark has not been approved and invalidated;
If the status change is related to a dispute, the message will be preceded by "Exception".
If agents use the API polling mechanism a status change message will be deleted after acknowledging the related poll message, therefore if API polling is used a mail will not be sent out.
If there are more than 25 messages, regarding Mark record status changes, pending at any time, a separate e-mail will be sent out.
Sunrise services allow trademark holders an advance opportunity to register domain names corresponding to their marks before names are generally available to the public. New gTLD registries are required to offer a Sunrise period for at least 30 days.
The Trademark Claims period follows the Sunrise period and runs for at least the first 90 days of an initial operating period of general registration. During the Trademark Claims period, anyone attempting to register a domain name matching a mark that is recorded in the Trademark Clearinghouse will receive a notification displaying the relevant mark information.
If the notified party goes ahead and registers the domain name, the Trademark Clearinghouse will send a notice to those trademark holders with matching records in the Clearinghouse, informing them that someone has registered the domain name.
Recording trademarks within the Clearinghouse will help companies protect their brands in two ways: with a Sunrise Service and a Trademark Claims Service.
- Sunrise is an initial period of at least 30 days before domain names are offered to the general public. Trademark owners can take advantage of the Sunrise to safeguard the domain name that matches their trademark. A Sunrise Period is mandatory for all new gTLDs and having a validated trademark entry in the Clearinghouse is the minimum requirement to participate in this limited pre-registration period. So, to be prepared for “the biggest Sunrise ever”, you must make sure that you enter any trademark that needs protection into the Clearinghouse.
- The Trademark Claims service follows the Sunrise. It is a notification service – mandated by ICANN for all new gTLDs – to warn both domain name registrants as well as trademark holders of possible infringements.
The service works as follows:
- Potential domain name registrants receive a warning notice when attempting to register a domain name that matches a trademark term in the TMCH.
- If, after receiving and accepting the notice, the domain name registrant does continue to register the domain name, the trademark holder with a corresponding mark will receive notification of the domain name registration, so they can take any appropriate action if should they so desire.
According to the Applicant Guidebook, the Sunrise period will occur during the pre-launch phase whereas the Trademark Claims period will occur during the initial launch period of a new gTLD. Chronologically speaking, the sunrise period will occur before the trademark claims period.
No, a Trademark Holder can record as many Trademarks Records as he/she wants within the Clearinghouse without having to pass through a Trademark Agent. The only limit - as to the number of Trademark records a Trademark Holder can submit - is the number of trademarks records submitted per credit card transaction. The limit is ten (10) trademark recordings per credit card transaction.
The Trademark Holder can submit more than ten (10) trademark records provided that he/she does so in another credit card transaction. The Trademark Holder can also decide to opt for a Prepayment Account instead of the payment per credit card. You can find more information about the payment options available in the Fee Structure Summary available in the Download section.
Deloitte will perform the verification services related to verification of the correctness and completeness of the submitted Trademark Record information (the assessment of whether the Trademark meets the eligibility requirements as stated by the Trademark Clearinghouse). Deloitte will also provide the Clearinghouse User Interface. IBM is the provider of the central database in which all the trademark information will be stored.
Yes, all interactions with the Clearinghouse will be done through the Clearinghouse User Interface, or the Automated Interface if applicable. In addition only electronically submitted documents will be accepted.
The term “domain name” is a name consisting of two or more levels, such as, for instance, “trademark-clearinghouse.com”. A label is a part of a domain name, such as, for instance, “trademark-clearinghouse” from the domain name “trademark-clearinghouse.com”.
As a registered user, you will have access to the full web interface and can check out all the pages and features. Once you have actually submitted a trademark registration and have paid for it, the order is considered final.
As a registered agent you will also have access to an API OT&E environment, please refer to our downloads section for a detailed manual of this environment.
The online web-application that will be made available through www.trademark-clearinghouse.com that enables you to, among other things, (i) create and manage your account with us, and (ii) submit Trademark Records in order to receive the Verification Services.
All invoices from the Trademark Clearinghouse are issued by CHIP S.A. with registered address at 21, rue Léon Laval, L-3372 Leudelange, Luxembourg (Commercial Registration Number B170388 and VAT LU 25955733).
Be careful ! We only issue electronic invoices, that are stored in your profile. Never pay any invoices that are send to you by postal mail, as they could be fraudulent.