Published: 11 Sept 2024
Trade marks play a critical role in protecting Intellectual Property Rights (IPR), however many are unaware that this protection can be enhanced online through the Trade Mark Clearinghouse (TMCH).
This article will help contextualise trade marks in the domain space and guide you through the process of validating your trade marks with the TMCH.
What is a trade mark?
A trade mark can be any symbol, word, phrase, logo, design, or combination thereof that represents a company, product, or service that distinguishes itself from competitors.
Trade marks serve as a form of Intellectual Property protection, granting exclusive rights to use the mark in commerce and preventing others from using identical or confusingly similar marks that may cause confusion amongst consumers.
To classify your IPR as a registered trade mark, you will need to file your trade mark with an authoritative body in each country where you seek protection.
What role do trade marks play in a modern domain portfolio?
Your domain and trade mark portfolio must mirror each other to ensure full protection of your brand online.
Aligning your trade marks to a matching domain in each industry and jurisdiction forms a cohesive and robust portfolio, minimising the risk of online infringements within the markets you conduct business.
How do I identify if my trade marks and domains mirror each other?
A Gap Analysis compares the two portfolios against each other, identifying gaps in each, highlighting any potential infringements.
A visual representation of any potential gaps in your domain portfolio helps address the potential risks facing your trade mark in the online space. It allows you to take proactive steps to secure key domain registrations to prevent squatting on domains that are an identical match to your trade marks.
What is the Trademark Clearinghouse (TMCH)?
The TMCH, launched in 2013, is a centralised database that assists trade mark holders in validating their IPR to gain a registration priority when a new generic Top-Level Domains (gTLDs) launches.
Trade mark owners can submit their trade marks to the TMCH, via an accredited agent, who verifies and validates their trade marks against a set of criteria. Once validated, your trade marks are recorded in the TMCH database, providing proof of ownership, enabling you to gain early access to new domain launches and participate in domain blocking programs.
How do I validate my trade marks online?
As an accredited TMCH agent, our team of lawyers will pre-screen your rights and documentation for a simplified submission to the TMCH.
Trade marks can be validated for 1, 3 or 5 years. Once validated, trade marks can be easily managed via our domain portal, allowing you to view each entry in one centralised place.
We have validated countless trade marks for hundreds of brands across the globe and are experienced in dealing with difficult regions. Contact our team today to start the process of validating your trade marks online.
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