Can a Registry Operator impose trademark related registration requirements in a Sunrise Period and curtail or eliminate these requirements in subsequent registration periods?

During a Sunrise Period, a Registry Operator may apply restrictions relating to the underlying rights of a Trademark Record so long as those restrictions are related to the purpose of the TLD. For example, if the purpose of a TLD was to serve a particular region, the Registry Operator could require that the Trademark Record be registered in that jurisdiction to be eligible for the Sunrise Period. However, if having a trademark from any jurisdiction meets the eligibility requirements to register a domain name in a subsequent registration period, the subsequent registration period eligibility requirements may be seen as evidence that the jurisdiction restriction in the Sunrise Period was not actually related to the purpose of the TLD.

Total votes: 3379

FAQ

API (Automated Interface)

Can I submit a trademark composed of two different scripts?
Can we submit multiple documents of the same type?
Can we test the API before registering?
Do we submit documents (TM & Proof of Use) via the EPP system or are they running a separate FTP system or similar?
How can I add IDN labels in the CREATE command via the API?
How can I check what labels qualify as an identical match in accordance to the matching rules?
How can I connect to the API v2?
How Can I POLL for changes via the API?
How can I test the UPDATE command on the API test environment?
How can I trigger the automted status change on OT&E for mark records in non-latin script
How can I view the comments made by a validator on my mark record?
How can we change the name of the mark via the API?
How can we update the smdInclusion flags?
How do I add a label in the CREATE command via the API?
How many connections are allowed from the whitelisted IP address on production and OT&E?
How should we handle the case of “N/A” in the API for description of goods and services?
Is the trademark holder e-mail address mandatory when creating mark records as an agent?
Poll messages are removed from my poll queue without acknowledgement?
What do I have to configure in my account in order to get access to the API (PROD and OT&E) environment?
What is the correct formatting for the Mark record ID (handle)?
When will the testing environment for the Automated Interface (API) be available?
Will an automated interface be available?
Will I be able to submit abused labels via the API?

billing

Are domain name registration fees in the Sunrise period included in the fee for a trademark record registration in the Clearinghouse?
Are there additional charges for rectifying errors in my trademark submission?
Are there extra fees for opting in or for opting out of Sunrise or Claims services?
Can I pay with a cheque?
Can my bill be broken up into multiple payments?
Do I have to pay VAT?
How are currency and transaction costs handled?
How do I get a discount? Is bulk pricing available?
How many trademarks can I record at a time when paying by credit card?
How secure is my credit card payment?
Is there an additional fee if I submit a trademark without proof of use first and submit the proof of use documents later on?
My business is based overseas; can I pay using my native currency?
What is the cost for additional domain name labels?
Which credit cards do you accept?
Which currencies do you accept?
Why can’t I see my mark in the Mark Overview tab after paying with a credit card?
Will I be charged if my trademark record is deemed invalid by the Clearinghouse?

Brandpulse

correction process

Do I receive a refund when I fail to correct my trademark record?
How can I correct my trademark record?
How many times can I correct my trademark record?
How much time do I have to reply if a correction is requested by the Clearinghouse?
I have received a message saying my mark is incorrect. What should I do?
In which language should I provide the detailed description of goods and services?
My trademark has been marked as incorrect, what does this mean?
My trademark record has the status “invalid”. Can I still correct this?
No labels are attached to my trademark, how is this possible?
Some goods and services for which my trademark was registered have been cancelled. Should I indicate those in the field detailed description of goods and services?
The jurisdiction in which my trademark is registered does not apply the Nice classification, what should I do?
The system will not let me correct my trademark record. What should I do?
Where can I see why my trademark is incorrect?

documentary evidence

general

Can a Limited Registration Period overlap with the Claims Period?
Can I try the services before I order?
Does every Registry Operator have to use the Trademark Clearinghouse for its Sunrise Period?
How will recording trademarks with the clearinghouse protect companies' brands?
I'm a Trademark Holder and want to record more than 10 marks. Do I then have to register those through a Trademark Agent?
In which chronological order will the Sunrise and Trademark Claims period take place?
Is the TMCH the only Clearinghouse or are there other providers providing these services?
Is the whole interaction process done online?
What are "Mark Record status changes" e-mails?
What are the roles of Deloitte and IBM with regards to the Clearinghouse?
What is a Limited Registration Period?
What is the Claims Period?
What is the Clearinghouse User-Interface?
What is the difference between a “domain name” and a “label”?
What options will a trademark owner have to challenge a website registration, if someone tries to register a website using a company's trademark?
Who is CHIP S.A.?
Will Trademark Agents, Trademark Holders and the public have the ability to search the TMCH database to see all of the trademark registrations that have been recorded in the TMCH?

invoicing

Mark Record Transfer

mark record verification

New gTLD program

Notifications

As Trademark Agent, will I be the only one receiving the notifications from the Clearinghouse?
Can a Trademark Agent provide the email address of the Trademark Holder, in order for the trademark holder to receive the Clearinghouse notifications?
Can a Trademark Agent use several email addresses in order to receive the notifications from the Clearinghouse?
How can the holders I represent automatically receive notifications generated by the TMCH?
How does the Ongoing Notifications Service function?
I have received a trademark claims notification. What should I do next?
I have received an e-mail notification from the Clearinghouse, what do I need to do?
If different Trademark Holders or Trademark Agents have recorded in the Clearinghouse two identical trademarks, when will they be informed?
If I decide to record for three (3) or five (5) years, will I receive notifications concerning the annual reverification of my trademark record?
Set up additional email notifications
To which email address are the notifications sent?
What does domain name activation mean?
What is contained in the notifications sent out to holders represented by Trademark Agents during the sunrise, claims or ongoing notifications period
What is contained in the notifications sent out to Trademark Agents during the sunrise, claims or ongoing notifications period
When will the Ongoing Notifications Service be available?
Will I get notifications if my pre-paid amount has gone below a certain level?
Will potential domain name registrants receive a claims notice when attempting to register a domain name that matches the name of a trademark recorded in the Clearinghouse during the Ongoing Notifications period?

official agents

online payment

OT&E

prepayment account

pricing

proof of use

Can a POU expire ? (5 year POU revalidation) updated
Can a screenshot of a website be submitted as proof of use?
Can the proof of use be a photograph of goods with the name of the trademark?
Concerning the evidence of use for an international trademark, does an evidence of use in one country will be sufficient or will we have to send evidences for all countries covered ?
For proof of use, is a link to a website enough?
How can I upload a Proof Of Use at a later stage?
How many samples of proof of use do I have to submit to be able to use Sunrise services?
If I submit several trademarks records for the same trademark, will I have to submit several proof of use or will one be sufficient?
Is a Proof of Use required to submit a Trademark Record?
May I upload a proof of use at a later stage?
Should only one sample of use be shown if there are multiple goods and services registered and only a few are verified by the submitted proof?
The name of my trademark contains an accent. Does this accent need to be present in the name of the mark in the sample of proof of use?
To benefit from the sunrise services, do I have to submit a sample of proof of use even if my trademark registration is based upon proven usage?
What is a Proof of Use file?
Where can I find the templates of signed declaration of Proof Of Use ?

Registrars

Registries

Besides for possible Qualified Launch Programs, is there any way for a Registry Operator to Allocate or register domain names prior to its Sunrise Periods?
Can a Limited Registration Period overlap with the Claims Period?
Can a Registry Operator impose trademark related registration requirements in a Sunrise Period and curtail or eliminate these requirements in subsequent registration periods?
Can a Registry Operator later release for Allocation or registration a domain name that it had reserved in accordance with the Registry Agreement?
Can a Registry Operator offer a “landrush period” at the start of its General Registration?
Can a Registry Operator register or Allocate domain names prior to the completion of the Sunrise Period to non-Sunrise Eligible Rights Holders?
Can Registry Operators query the CNIS?
Do Registry Operators have to offer any sort of dispute resolution policies for registrations in their Sunrise Periods?
Does a Registry Operator have to apply to offer an Approved Launch Program?
Does every Registry Operator have to use the Trademark Clearinghouse for its Sunrise Period?
How does a Registry Operator apply for an Approved Launch Program?
How does the 120 day no-activation period under the New gTLD Collision Occurrence Management Plan factor into Sunrise Periods?
How long must a Sunrise Period last?
I am a registry and would like to post information in relation to my sunrise on the trademark clearinghouse website?
I am a Registry Operator who described a launch plan in my application for my TLD. How does that affect me if I apply for an Approved Launch Program?
I am a Registry Operator who indicated in my application that my TLD would be a geographic TLD. What are my options with respect to Approved Launch Programs?
I am registry and I want to connect to the TMdatabase?
If a Registry Operator plans to hold auctions at the end of its Sunrise Period, how does that comply with Section 3.2.4 of the TMCH Requirements?
If ICANN has already approved an Approved Launch Program similar to the registration program that a Registry Operator applies for, does that mean the application will automatically be approved?
What can registrars query the CNIS for?
What is a Limited Registration Period?
What is the Claims Period?
What is the difference with respect to the Allocation or registration of domain names between a Start-Date Sunrise and an End-Date Sunrise?
What is the status of the Qualified Launch Program described in Section 4.5.1?
What must a registrar do when processing Claims Registrations?
What restrictions can a Registry Operator impose during the Sunrise Period?

Renewal

Signed Mark Data (SMD)

As a trademark holder, how can I edit my information such as my address?
How can I download the SMD file via the web interface?
How can I retrieve the SMD file(s) for a mark record?
How can the registry verify if a SMD file is valid?
How to Download a SMD file: Step by Step Process updated
If a Parent Company registers trademarks in the TMCH under a subsidiary, will the Parent Company be authorized to use the SMD file to register domain names? Or does the submitting party (either the agent or subsidiary) have to register the domain names?
There is an issue with my SMD file. What should I do?
What happens when I do not renew in time?
What is a revocation of a SMD file?
What is a SMD file?
What is the purpose of a SMD file?
What is the role of a Registrar?
When does my SMD file expire?
When will my SMD file be available?
Which information does a SMD file contain?

Strawman Model - Abused Labels

Does the label rule only cover typos or misspellings, or does it also cover UDRP and courts cases where the trademark is simply included, ex. BrandSucks.com?
How many abused labels will I able be able to add per trademark record?
What if the court case or the UDRP case does not contain all the requested information (for instance the registration number of the trademark), what do I need to do?
Where can I find information on the fees related to Abused Domain Name Labels?
Which information will be verified by the Clearinghouse in the UDRP cases and court cases?
Which information will I have to provide in relation to the court case?
Which information will I have to provide in relation to the UDRP case?
Will all abused labels have to pertain to the same court decision or UDRP case?
Will the abused labels be included in the SMD file for sunrise?
Will the court that has rendered the decision have to be a national court?
Will the price be the same for UDRP case and court case?
Will the UDRP case have to be rendered by a specific provider to be accepted by the Clearinghouse?
Will there be a correction process for the abused labels?

Sunrise Services

support

trademark claims services

Can a Trademark Agent use several email addresses in order to receive the notifications from the Clearinghouse?
How does the Ongoing Notifications Service function?
How will the Trademark Claims Service function?
I have received a trademark claims notification. What should I do next?
If I opt for the trademark claims services, will I be informed if a domain name applicant requests a domain name to my trademark recorded with the Clearinghouse? Or will I only be informed when that domain name my trademark record?
What is the Ongoing Notifications Service?
When will the Ongoing Notifications Service be available?
Will potential domain name registrants receive a claims notice when attempting to register a domain name that matches the name of a trademark recorded in the Clearinghouse during the Ongoing Notifications period?

Trademark Eligibility Requirements

Are applied for trademarks accepted in the Clearinghouse?
Are company names accepted in the Clearinghouse?
Are trademarks containing numbers accepted in the Clearinghouse?
Are trademarks in IDN characters accepted?
Are trademarks in non-ASCII characters accepted?
Are trademarks in non-Latin script accepted?
Are trademarks registered at state level accepted in the Clearinghouse?
Are trademarks starting with or containing a “dot” (.) accepted in the Clearinghouse?
Are well known or famous non registered marks accepted in the Clearinghouse?
Can I submit information about trademarks with the same name but registered in different countries, under the same trademark record?
Can trademarks subject to cancellation or invalidation procedures be accepted in the Clearinghouse?
Can trademarks subject to rectification proceedings be accepted in the Clearinghouse?
Does the Clearinghouse accepts Trademarks registered according to an accelerated procedure?
Is it a prerequisite to be owner of the mark in order to register in the Clearinghouse?
Is it possible to record a mark containing a dot, if the dot is replaced with a hyphen or the word "dot"?
Is it possible to record a trademark if the name of the trademark consists only of two characters?
Is it possible to submit trademarks in the Clearinghouse as a licensee?
Is it possible to submit trademarks in the Clearinghouse as an assignee?
My brand is not yet a registered trademark. Can I register it with the Clearinghouse?
My trademark has been marked as invalid as it contains a dot. Now that the dot rule has changed, what can I do?
What is meant in the Clearinghouse Guidelines by “other types of marks may be accepted”?
Will trademarks that do not exclusively consist out of letters, words, numerals and special characters be accepted in the Clearinghouse?

trademark submission

As a trademark holder, how can I edit my information such as my address?
Can I submit a trademark composed of two different scripts?
For a multi-class registration, are we required to provide a detailed description for every class?
How are the domain name labels matching the name of my trademark generated?
How do I know that my trademark has been actually submitted to the Clearinghouse?
How many domain name labels can I link to my Trademark Record?
If I register as a Trademark Agent, can I register one account for different Trademark Holders?
If two trademarks holders own the same trademark, do they both need to submit it?
In what format do I have to enter dates into the Clearinghouse?
In which language should I provide the detailed description of goods and services?
Is it correct that an ownership change should not be deposited until after that change is reflected in the record of the relevant trademark office?
Is it possible to record a trademark if the name of the trademark consists only of two characters?
Is there a character limit for the detailed description of goods and services?
My trademark contains a character with an accent. When generating the labels, will this character be replaced with the corresponding character without accent?
My trademark contains a space. How will the labels be generated?
My trademark contains a “hyphen” (-). How will the domain name labels be generated?
My trademark has been marked as invalid as it contains a dot. Now that the dot rule has changed, what can I do?
No labels are attached to my trademark, how is this possible?
Some goods and services for which my trademark was registered have been cancelled. Should I indicate those in the field detailed description of goods and services?
The address of the holder is incomplete on the trademark certificate, what should I insert in the address fields?
The address of the trademark holder available in the trademark certificate no longer corresponds to the current address of the trademark holder, how should I proceed?
The jurisdiction in which my trademark is registered does not apply the Nice classification, what should I do?
The jurisdiction in which my trademark is registered is not listed as a jurisdiction in which an online database for registered trademarks is available in the list of online database published on this website. Can I still submit my trademark?
The name of my company has changed but the trademark certificate has not yet been updated accordingly, what should I submit?
Until when can I submit trademarks in the Clearinghouse?
What do I need to do before submitting a Trademark Record?
What will be the starting point of the term of registration (e.g., 1 year)?
Which information will I need to submit with my trademark record?
Why should I submit my trademark record as early as possible?
Why should I submit my trademark record for 3 or 5 years?

TREx Service

A number of Top Level Domains are available for TREx protection. Can I select the TLDs for which I want TREx protection?
Do we need to submit the SMD-file upon activation?
How does the MPML relate to TREx?
How long does my TMCH trademark record need to be valid when activating the TREx subscription?
How much does the TREx subscription cost for a single year?
How much will the renewal of my TREx protection cost?
Is TREx available for a multiple year subscription?
Is TREx priced per trademark record or per label?
What are the differences between TREx & DPML?
What are the requirements to be eligible for the TREx service?
What does the status "Not protected" mean?
What is an override?
What is the cost of an override?
What is the difference between "eligible" and "not available"?
What is the renewal process for the TREx service?
What is the TREx service?
When opting into the TREx Services, can I activate the TREx service on variations related to my trademark?
Who can apply for an override?
Will I also be charged for TLDs in which my TREx protection is not available?
Will I be able to check the TREx coverage before activation?
Will I be charged on activation or completion?
Will the original applicant of the TREx be notified in case of an override?

user registration

Are there technical requirements to become a Trademark Agent?
As a Trademark Agent, do I need to obtain the written authorization of the Trademark Holder(s) on behalf of whom I am acting per Trademark Holder or per trademark submitted?
As a Trademark Agent, will I need to provide any evidence that I am representing a Trademark Holder?
Do I need to be an ICANN accredited registrar to register with the Clearinghouse?
How can an agent change the contract data of the TMCH account?
How can I contact the Clearinghouse if I have issues when creating my account?
How can I register as a Trademark Agent?
If a company is registering as a Trademark Agent, then who should be the contracting party? Should it be the owner of the company or an employee involved in the recording of trademark in the Clearinghouse?
What if I do not agree to these Terms and Conditions?
When will I receive my username and password?