Traverse Legal’s trademark attorneys are authorized agents who can file your trademarks with the Trademark Clearinghouse. Feel free to contact one of our authorized trademark agents for more information.
The Trademark Clearinghouse concept is an important part of the new gTLD roll-out. The trademark clearinghouse will be available for new gTLD registries to support pre-launch Sunrise or Trademark Claims Services. Each new gTLD though wil have some leelway regarding trademark infringement claims and dispute resolution. Your trademark portection lawyers can help you craft a strategy to make sure you take advantage of the approximately 3 months for rights holders to begin recording trademark data in the Clearinghouse before any new gTLDs begin accepting registrations (estimated in January 2013).
11 JANUARY 2012
1. PURPOSE OF CLEARINGHOUSE
1.1 The Trademark Clearinghouse is a central repository for information to be
authenticated, stored, and disseminated, pertaining to the rights of trademark holders.
ICANN will enter into an arms-length contract with service provider or providers,
awarding the right to serve as a Trademark Clearinghouse Service Provider, i.e., to
accept, authenticate, validate and facilitate the transmission of information related to
1.2 The Clearinghouse will be required to separate its two primary functions: (i)
authentication and validation of the trademarks in the Clearinghouse; and (ii) serving as
a database to provide information to the new gTLD registries to support pre-launch
Sunrise or Trademark Claims Services. Whether the same provider could serve both
functions or whether two providers will be determined in the tender process.
1.3 The Registry shall only need to connect with one centralized database to obtain the
information it needs to conduct its Sunrise or Trademark Claims Services regardless of
the details of the Trademark Clearinghouse Service Provider’s contract(s) with ICANN.
1.4 Trademark Clearinghouse Service Provider may provide ancillary services, as long as
those services and any data used for those services are kept separate from the
1.5 The Clearinghouse database will be a repository of authenticated information and
disseminator of the information to a limited number of recipients. Its functions will be
performed in accordance with a limited charter, and will not have any discretionary
powers other than what will be set out in the charter with respect to authentication and
validation. The Clearinghouse administrator(s) cannot create policy. Before material
changes are made to the Clearinghouse functions, they will be reviewed through the
ICANN public participation model.
1.6 Inclusion in the Clearinghouse is not proof of any right, nor does it create any legal
rights. Failure to submit trademarks into the Clearinghouse should not be perceived to
be lack of vigilance by trademark holders or a waiver of any rights, nor can any negative
influence be drawn from such failure.