- Q: What is a gTLD?
gTLD stands for generic Top-Level Domain (what Internet users see as an Internet extension such as .COM, .ORG, or .INFO), and they are part of the structure of the Internet's domain name system (DNS). The gTLDs are also sometimes called strings or extensions. - Q: How many new TLDs will become available in general?
Approximately 1,400 new TLDs will be added to the DNS root zone over the course of the next three years. Many of those however will resemble brand or company names and will not become available for registration by the general public. We expect a total of 300 to 400 meaningful extensions to enter the domain market. - Q: Why are new gTLDs being introduced?
One of ICANN's key commitments is to promote competition in the domain name market while ensuring Internet security and stability. New generic Top-Level Domains (gTLDs) help achieve that commitment by paving the way for increased consumer choice by facilitating competition among registry service providers. The new gTLD program has enabled entrepreneurs, businesses, governments and communities around the world to apply to operate a Top-Level Domain registry of their own choosing. - Q: Will the introduction of new gTLDs change how the Internet operates?
The increase in number of gTLDs into the root is not expected to affect the way the Internet operates, but it will, for example, potentially change the way people find information on the Internet or how businesses plan and structure their online presence. - Q: What is the Uniform Rapid Suspension System (URS)?
The Uniform Rapid Suspension System is a rights protection mechanism that complements the existing Uniform Domain-Name Dispute Resolution Policy (UDRP) by offering a lower-cost, faster path to relief for rights holders experiencing the most clear-cut cases of infringement. It is not intended for use in proceedings with open questions of fact or more involved legal scenarios. While the criteria of the URS are similar to those of the UDRP, the URS is supposed to carry a higher burden of proof for complainants. The only remedy a URS panel may grant a successful complainant is the temporary suspension of a domain name for the remainder of the registration period (which may be extended by a prevailing complainant for one year at commercial rates).
TMCH
- Q: What is the Trademark Clearinghouse?
The Trademark Clearinghouse is a global repository for trademark data, the first of its kind in the domain name space. Rather than verifying trademark information for each individual launch phase, the Trademark Clearinghouse will: (i) verify trademark data from multiple global regions; and (ii) maintain a single database with the verified trademark records.
The verified data in the Trademark Clearinghouse will be used to support both Trademark Claims and Sunrise Services, required in all new gTLDs. The Clearinghouse will play an important role in the New gTLD Program and in the ongoing protection of trademark rights. - Q: What are Trademark Claims and Sunrise Services?
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 of at least 30 days.
The Trademark Claims Service follows the Sunrise period and runs for at least the first 90 days of the General Availability of each New gTLD. 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. - Q: What trademarks are eligible for entry into the Clearinghouse?
Four types of marks are eligible for inclusion in the Clearinghouse:- Nationally or regionally registered word marks from all jurisdictions
- Word marks that have been validated through a court of law or other judicial proceeding
- Word marks protected by a statute or treaty in effect at the time the mark is submitted to the Clearinghouse for inclusion
- Other marks that constitute intellectual property may be recorded in the Clearinghouse by arrangement with a registry
- Q: What is a label?
A label is a string that is directly derived from your trademark to be used as part of a domain name. A label contains all characters that are contained in a trademark (or their representations) which are allowed to be used as a domain name. Whitespaces or ampersands cannot make it into a domain name and thus would be omitted or replace when generating labels.
If your trademark is "Franks Pizza", two labels would be available for this trademark:
- frankspizza
- franks-pizza
It is important to note that the label generation algorithm only allows exact representations of the trademark. Variants such as plurals (frankspizzas) or typos (franckspizza) are *not* included in the labels.
When submitting a trademark to the TMCH, labels to be used for Sunrise or Claims Service can be individually selected. - Q: What information do I need to provide when registering my mark in the Clearinghouse?
You will need to provide information about yourself and the trademark holder if that is someone other than you. This will include your contact information as well as information stating whether you are the trademark holder, someone representing the trademark holder, such as a law firm, or someone to whom the trademark has been licensed or assigned.
You will need to provide the trademark information, the class of goods or services, the jurisdiction where the trademark is registered, and other relevant information according to the type of trademark being submitted.
If you plan to use the Clearinghouse records to register names in new gTLD Sunrise periods, you will need to submit proof of use for the trademark.
The Clearinghouse may also request additional documents, such as a copy of the trademark certificate, a copy of the trademark holder's Business License, or the renewal request for the trademark. - Q: What is proof of use?
Proof of use is a sample which demonstrates the trademark holder's efforts to communicate to a consumer so that the consumer can distinguish their prod¬ucts or services from those of another. Proof of use is required if you wish to participate in registry Sunrise periods. In order to verify the proof of use, the Trademark Clearinghouse requires:- A declaration stating that the trademark is indeed being used as you say it is.
- A sample, such as an advertisement, a website, a brochure, a branded product, or some other example showing the mark in use. The sample must match the trademark exactly.
- Q: Is proof of use required for admission into the Clearinghouse?
No. However, proof of use is required if you wish to use the Clearinghouse record as a basis to register domain names during a Sunrise period. Rights holders may submit proof of use at the time they initially record their rights data in the Clearinghouse, or at a later time. - Q: Does putting my trademark in the Clearinghouse mean that I automatically get my trademark as a domain name in all new gTLDs?
No. The Clearinghouse verifies and maintains information from many jurisdictions and classes of goods or services, and many parties may have legitimate rights in the same trademark. Allocation of domain names in a particular TLD occurs according to the registry policies for that TLD. - Will different variations of my trademark be protected?
The domain names associated with a Clearinghouse record are generated according to a defined set of matching rules. When you submit your information to the Clearinghouse, part of your file will consist of the different domain names corresponding to that record.
Up to 20 domain names corresponding to one trademark record are included in the initial cost of verification. If there are more than 20 domain names corresponding to the record, you can pay an extra fee to have an additional 20 names associated with the record. - Q: If two different rights holders have the same trademark in two different countries, then how does the Clearinghouse decide between them?
The Clearinghouse is a repository of data only, and trademarks from many jurisdictions can coexist in the Clearinghouse. Clearinghouse processes are designed to confirm the validity of data, not to make determinations on the substance or scope of rights held by a particular party. - Q: I have applied for a trademark, can I include it in the Trademark Clearinghouse?
No. Protections afforded to trademark registrations do not extend to applications for registrations, marks within any opposition period or registered marks that were the subject of successful invalidation, cancellation or rectification proceedings. - Q: How many years should I register my trademark for?
Trademarks can be registered with the Clearinghouse for 1, 3, or 5 year terms. Deciding to record a mark in the Trademark Clearinghouse for multiple years is a matter of peace of mind. No one can be sure how long the roll out of the new Top Level Domains will take and ICANN has stated that it intends open additional TLD rounds in the future. We recommend to register a minimum period of 3 years to make sure the registration in the Clearinghouse covers the whole length of the introduction period of new gTLDs.
