faq

What is the TMCH?

What is a Sunrise Period?

Why should I submit my trademarks to the TMCH?

What trademarks are allowed?

What trademarks are not allowed?

What documents must I submit to the TMCH? 

What is a Validation Period and how long will my trademarks be verified for?

Do I have to show proof of use of my trademark?

How does the TMCH deal with special characters?

My trademark includes an image (device), can I still submit it?

What happens after my trademark is verified?

Why should I use Lexsynergy’s new gTLD services?

Download the New gTLD Strategy Service brochure here and FAQ brochure.

 

What is the TMCH?

The Trademark Clearinghouse or TMCH is the organisation that ICANN has entrusted to verify the trademarks that will be used by trademark owners during the Sunrise Period for each new gTLD.

The TMCH will also notify trademark owners if an application is made, by a third party, to register a domain name that matches a verified trademark for a pre-determined period after the end of the Sunrise Period. It is a simple identical watch service.

What is a Sunrise Period?

It is the period during which trademark owners, with verified trademarks, can apply to register domain names matching their trademark before the new gTLD is released to the general public.

The cost of registering a domain name during the Sunrise Period is usually more cost effective than recovering the domain name.

Why should I submit my trademarks to the TMCH?

It allows you to participate in the Sunrise Period and receive notifications should a third party attempt to register a domain name matching your trademark.

What trademarks are allowed?

Nationally or regionally registered trademarks; 

Court validated trademarks; 

Trademarks protected by statute or treaty

What trademarks are not allowed?

Trademark applications;

Trademarks registered by a city, state, province, or sub-national region;

International trademark applications made via the Madrid system unless the underlying basic trademark registration has national effect;

Registered marks that were subject to successful invalidation, cancellation, opposition, or rectification proceedings.

A registered trademark that includes a top level extension, for example, trademarks such as “icann.org” or “.icann”

Any registered trademark starting with or containing a “dot” (.) 

Any registered trademark that does not contain any letters, words, numerals or DNS valid characters.

What documents must I submit to the TMCH?

Trademark certificate – if the issuing trademark authority does not have an accessible online database.

Trademark renewal document – only required if the trademark will expire during the validation period

Proof of use of the trademark – such as marketing material and press releases. Only one sample is required.

A signed declaration confirming proof of use.

What is a Validation Period and how long will my trademarks be verified for?

A trademark can be verified with the TMCH for 1 year, 3 years or 5 years. The Validation period will start when the first TLD is launched. After the expiry of the validation period the trademark owner will have to re-submit its trademark to the Clearinghouse.

Do I have to show proof of use of my trademark?

Proof of use of a trademark is only required to participate in the Sunrise Period. If you only want to receive notifications from the TMCH then it is not required.

How does the TMCH deal with special characters?

They are omitted or replaced with hyphens. Special characters such as “@” and “&”, which are contained within a trademark may be spelled out.

My trademark includes an image (device), can I still submit it?

Since the trademark must consist of letters, words, numerals and/or special characters these will be extracted provided they are predominant and clearly separable or distinguishable from the device element and submitted to the TMCH in the same order they appear in the mark.

What happens after my trademark is verified?

Once verified a Signed Mark Data (SMD) file will be generated to allow the trademark owner to register domain names that matches the trademark. Once verified the SMD file can be used in all gTLD Sunrise Periods provided. You will not need to re-verify your trademark for each new gTLD provided the Validation Period has not expired.

Lexsynergy will securely store the SMD file so it can process Sunrise applications on your behalf.

Why should I use Lexsynergy’s new gTLD services?

* We will pre-verify your trademark prior to sending it to the TMCH.

* We will assist by preparing the proof of use evidence and/or source the evidence on your behalf.

* Our brand protection experts will reduce the amount of administrative work you may have to undertake to submit your trademarks to the TMCH and will, on your behalf, handle all correspondence sent by the TMCH .

* We will keep your Signed Mark Data (SMD) file secure. This is a key linking your domain name to a trademark that will be used to register domain names during the Sunrise Period.

* You will be able to monitor Sunrise Period launch dates and receive notification when one is announced.

* Our new gTLD service will allow you to view and update your trademark information and upload documentation. Unlike the TMCH we provide support 24/7/365.

* We will, in consultation with you, develop a new gTLD domain name strategy report that can be accessed from your Lexsynergy control panel. The report is editable allowing you to make changes as the new gTLD program takes shape.

* Lexsynergy will process all Sunrise Period domain name applications based on the TLDs listed in your strategy report.

* In addition to the Sunrise claim Lexsynergy will continue to monitor your trademark after the Trademark claims service has terminated.

* We are experts in the field of domain names and have participated in numerous Sunrise Period launches such as .asia, .co, .xxx, .sx, .so and .pw.

 

Download the New gTLD Strategy Service brochure here and FAQ brochure.

To find out more about the new gTLD program email brandprotection@lexsynergy.com.

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