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The Trademark Clearinghouse (TMCH) was established by ICANN and is part of the measures to protect the rights of trademark holders during the launch of new generic top level domains. It serves as a centralized database of trademarks. The purpose of the clearinghouse is to accept records of registered trademarks, to validate these records and then to add them to the central trademark database. To submit and register a trademark in the Clearinghouse is a chargeable service you can offer to your clients through OpenSRS.
How the Trademark Clearinghouse works
The TMCH accepts any registered trademark of at least national effect from any country in the world. Court-validated trademarks and marks protected by statute or treaty can also be submitted to the TMCH, although those constitute only a minor portion of trademark records. Only a few exceptions apply – trademarks which contain a dot (.) or which include an existing TLD string (e.g. mytradmark.org) are excluded, as well as device marks. Trademarks also cannot contain a mix of Latin and non-Latin characters, so the sample trademark “Deloitte トーマツ” could not be accepted.
Once a trademark has been submitted to the TMCH, the TMCH will check with the relevant trademark register if the trademark actually exists, if the data provided with the application matches the information on the trademark certificate, and if it really belongs to the entity who submitted the application to the TMCH. If the application is approved, a trademark record is inserted to the TMCH database, and a “Signed Mark Data” file is issued to the trademark holder. The TMCH database provides the basis for the implementation of the first phase of all new gTLDs and the communication of the Trademark Claims Notices.
TMCH application (up to 20 labels included)
1 year: $220
3 years: $660
5 years: $1,100
Additional package of 20 labels
1 year: $50
3 years: $150
5 years: $250
1- Sunrise: 60 Days
- The Sunrise Period is a limited pre-registration period and is the mandatory first phase of all new gTLDs.
- The Sunrise is the right period to register brand names as domains.
- All registries are required to have a Sunrise Period open only to holders of a validated trademark record in the Trademark Clearinghouse (TMCH).
- Some registries may also offer an additional Sunrise Period with alternate requirements.
- Regardless of the Sunrise type, a separate Sunrise fee will be applied per domain.
- Sunrise periods will in most cases include an auction process, while some will be offered on a “first-come, first-served” basis.
- Registries have the option of including a Landrush period in their launch timeline, though this phase is not mandatory.
- Landrush is the right time to register very important names, which are not or cannot be trademarked.
3- General Availability
- The General Availability phase follows all Sunrise and Landrush periods. This is the open-ended phase where the TLD is available on a “first-come, first-served” basis to the general public.
- During the first ninety (90) calendar days after General Availability opens for each new gTLD, registries must provide Trademark Claims. The Claims Period cannot overlap with the Sunrise phase.