TRADEMARK CLEARINGHOUSE
include registered trademark owners providing proof of use. If you wish to exclude your mark/s from all new TLDs, you will have to participate in each new sunrise period.
Although registration as such is enough to have a trademark entered into the Clearinghouse, proof of use is required to qualify for participation in the sunrise domain name registration processes. ICANN has stated that “the true source- identifying function of a trademark does not exist if the mark is not used”, and the proof of use is intended to ensure that all registered trademarks receiving the same type of advantage from a particular RPM are evaluated at the same level.
Te submission for verification of proof of use contains two elements:
• A signed declaration of use; and
• A single sample of current use, such as labels, tags, product manuals, press releases, or social media marketing.
Simple email messages, licence agreements and business cards will not be accepted as proof of use, as such documents are regarded as only proving preparation to use.
HOW
TO FORTIFY YOUR INNOVATIONS, IDEAS
AND BRANDS
As you may have noticed, recently we launched a new name and new look. These two changes should tell you we are perfectly ready for the future. In this future, innovations, ideas and brands will determine even more whether a company will be successful. Therefore, protecting and fortifying these innovations, ideas and trademarks has become pivotal. We use the following ingredients: innovation, expertise, passion, teamwork, creativity and experience. It is exactly what we have been doing for the past 125 years. For more information, you are most welcome to visit us at
www.nlo.nl
All Clearinghouse records will require an annual renewal, but the proof of use (if filed) will have to be updated only every fiſth year. A preliminary cost model was announced in June, 2012, suggesting that trademark owners would be able to submit a trademark to the Clearinghouse for $150 per mark. Tis is not necessarily final.
In time for this year’s in Toronto, a group of operators
ICANN meeting registrars, registry
and backend registry service
providers jointly proposed two models for the mandatory new gTLD sunrise period and trademark claims service that differ from ICANN’s, including “a proposed model that simplifies the ICANN model by decreasing the coupling between the Trademark Clearinghouse and registries”.
In practitioners want
addition, trademark owners and legal to see a more
efficient
protection of domain variants that are obviously trying to take advantage of famous trademarks by adding an ‘s’ or a word describing the goods/ services connected to a specific trademark.
Te Clearinghouse is not yet a fully ‘clear house’, but it is hoped that it will at least provide some basic protection and decrease the need to use the
sunrise registration to protect a trademark in all the new TLDs.
Petter Rindforth is a trained mediator and serves as domain name dispute panellist for WIPO, NAF, the Czech Arbitration Court and .se. He is special reporter (domain names) for the IP lawyers’ organisation FICPI, and represents FICPI in ICANN’s Intellectual Property Constituency (IPC), and IPC in the Generic Names Supporting Organization (GNSO) Council.
Petter Rindforth is the senior partner of Fenix Legal KB, Sweden. He
petter.rindforth@fenixlegal.eu
can be contacted at:
European Patent &
Trademark attorneys
www.nlo.nl
www.worldipreview.com
Trademarks Brands and the Internet Volume 1, Issue 4
43
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