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TRADEMARK CLEARINGHOUSE


As for the registry fees, there is no final figure yet. There is also scope for costs to come down in the future, depending on how the Clearinghouse develops.


“The fees are for the professional services that we deliver, for the infrastructure, for the support,” Corstens says. “We need to deliver incident management structure to the registries, where we need to be available within half an hour, 24/7—we want this to be something that is failproof.


“Initially the costs are based on what we have in our business model, and what we think we need in order to recover our costs and have a normal payment for professional services. It will be foreseen in the contract that the price can change. We will consider that.”


It’s worth noting that this is not a risk-free proposition for Deloitte. Tere is no guarantee that the Clearinghouse will be a success, and no arrangement that the company would be paid if it isn’t. Given the substantial resources committed already, not only by Deloitte, but also by IBM and Chip, it’s clear that everyone’s interest to see success.


it’s in “IF THE


CLEARINGHOUSE BECOMES THE ONE- STOP SHOP FOR BRAND OWNERS FOR PROTECTING THEIR BRANDS WITHIN THE INTERNET IN A COST- EFFECTIVE MANNER, THEN IT WILL BE A SUCCESS.”


Success


But what does success look like? Corstens has a simple answer: “Te Clearinghouse was set up because with so many gTLDs, it will become almost impossible for trademark owners to follow the strategy and procedure they’ve followed in the past. Tis was to check whether they wanted to register, and/or needed protection for, a trademark on each single


TLD. Doing this for more than 300 TLDs per year would lead to an expensive and inefficient approach. So if the Clearinghouse becomes the one-stop shop for brand owners for protecting their brands within the Internet in a cost- effective manner, then it will be a success.”


Tat’s all well and good, but the Clearinghouse itself has a limited influence over whether that happens. “We cannot control how registries will run their sunrises,” Corstens says. “What will the pricing be during the sunrises? Will there be additional things the Clearinghouse can do in terms of an additional level of protection?”


Like much of ICANN’s new gTLD programme, the final details of the Trademark Clearinghouse, and whether it becomes a success, will depend on factors that are not yet fully understood. Tat’s an inevitable consequence of a programme that is unprecedented, and should not worry brand owners unduly. Aſter all, if it does what it is supposed to, the Clearinghouse will be a useful tool in the fight against infringement and, perhaps most important of all, it will provide peace of mind in an environment that can seem extremely scary. We’ll know soon enough. 


www.worldipreview.com


Trademarks Brands and the Internet Volume 1, Issue 3


21


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