ARTICLE
13 April 2013

Trademark Clearinghouse now live: protect your brand online

D
DibbsBarker

Contributor

ICANN has established a centralised database to help protect trade marks after the recent expansion of available gTLDs.
Australia Intellectual Property
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Focus: Generic top-level domain names
Services: Intellectual Property & Technology, Commercial

A centralised database has been established by the Internet Corporation for Assigned Names and Numbers (ICANN) to assist brand owners to protect their trade marks after the recent expansion of available generic top-level domain names (gTLDs). Click here to view a previous DibbsBarker article on gTLDs for more information.

The database, known as the Trademark Clearinghouse, went live on 26 March 2013.

Although the deadline to oppose new generic top-level domains (e.g. "car") has now passed, domain names under the new gTLD extensions (e.g. "cadillac.car") will soon become available for registration.

By submitting trade mark information to the Trademark Clearinghouse, trade mark owners will have access to two brand protection mechanisms:

  1. Sunrise service: for a period of 30 days before domain names under new gTLDs are offered to the public, trade mark owners will be able to safeguard domain names identical to their trade mark.
  2. Claims service: a notification service warning domain name applicants where an applied-for domain name matches a trade mark in the Clearinghouse. Trade mark owners will receive a notification if the applied-for mark continues to registration.

These mechanisms are designed to assist brand owners in protecting their trade marks from infringement in new domain name registrations and to prevent cybersquatting activities.

For brand owners wishing to benefit from the Sunrise and Claims services, the official fees for submitting a trade mark registration in the Trademark Clearinghouse will be US$150 for 1 year, US$435 for 3 years and US$725 for 5 years.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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