FAQ

  • Registrar

  • What is the role of a Registrar?

    During the Sunrise period of a new TLD, domain names can be registered through an ICANN-accredited Registrar. The process is similar to any standard domain registration, except that the Registrar will request your SMD file. You may be asked to either upload the SMD file (as you would attach a file in webmail) or copy and paste its contents into a text box.

  • Do I need to be an ICANN-accredited Registrar to register my trademark in the Clearinghouse or connect the TMDB?

    Any organization or individual can register an account with the Trademark Clearinghouse to benefit from our services. However, only ICANN-accredited Registrars can connect to the Trademark Database (TMDB).

  • What are a Registrar’s obligations during the Claims process?

    Registrars must comply with ICANN’s technical specifications when processing Claims Registrations, as defined here in sections 5.3.4 and 5.3.5.

    In summary, Registrars must:
    - Verify domain name availability with the Registry Operator.
    - Obtain a CNIS lookup key if the label is covered by a trademark record.
    - Query the CNIS to obtain Claims Notice Information (see section 6.5).
    Registrars may only query the CNIS for domain names that have been applied for by a registrant. Any other use of CNIS queries is strictly prohibited.
    - Use that information to populate the Trademark Claims Notice (as detailed in Exhibit A of the TMCH Requirements).
    - Clearly display the Trademark Claims Notice to the potential registrant in real time, at no cost, and in the required format (see Exhibit B of the TMCH Requirements).
    - Require affirmative confirmation from the registrant before continuing with the domain name registration.

    The Trademark Claims Notice must be provided in English, and Registrars are encouraged to offer it in the language of the registrant’s registration agreement as well.
    All TMCH Requirements can be found here.

  • Who can Registrars contact for technical questions?

    Registrars with technical questions regarding the SMD revocation list or Claims notifications should contact Kyndryl (formerly IBM) directly at support@marksdb.org.

  • Registries

  • What restrictions can a Registry Operator impose during the Sunrise Period?

    All registrations during a Sunrise Period must include a valid SMD file. Additionally, a Registry Operator may (i) apply restrictions related to the underlying rights of a trademark related to the purpose of the TLD, (ii) specify requirements that are not related to the scope of mark rights, (iii) require the SMD file information to match the applicable Whois record, and (iv) impose reasonable date restrictions related to the date on which the trademark was registered, validated or protected in order to prevent gaming of the Sunrise Period. Any other registration restrictions must be imposed consistently throughout any Limited Registration Period and General Registration.

  • What is the difference with respect to the allocation or registration of domain names between a Start-Date Sunrise and an End-Date Sunrise?

    In a Start-Date Sunrise, a Registry Operator may allocate or register domain names on a first-come, first-served basis or any other time-based allocation or registration process, in addition to any other manner of allocation or registration they desire. In an End-Date Sunrise, a Registry Operator must not allocate or register domain names prior to the end of the Sunrise Period and must not employ a first-come, first-served or any other time-based allocation or registration process.

  • If a Registry Operator plans to hold auctions at the end of its Sunrise Period, how does that comply with Section 3.2.4 of the TMCH Requirements?

    Registry Operators may accept applications for the same domain name from different Sunrise-Eligible Rights Holders. If an auction is used to define the ultimate registrant of that domain name to one of the Sunrise-Eligible Rights Holders, and the domain name is withheld to such Sunrise-Eligible Rights Holder, thus not allocating nor registering the domain name to registrants in a Limited Registration Period or General Registration, then the auction methodology complies with Section 3.2.4.

  • Do Registry Operators have to offer dispute resolution policies for registrations during their Sunrise Periods?

    Yes, all Registry Operators must offer a Sunrise Dispute Resolution Policy (SDRP), which will allow challenges to Sunrise Registrations related to Registry Operator's Aallocation and registration policies. This includes on the grounds that the domain names that were registered but do not match the trademark record on which the Sunrise-Eligible Rights Holder based its his/her Sunrise Registration. Because each TLD's Sunrise Period registration policies can be different, the Registry Operator has discretion when designing its SDRP. A complete SDRP must be included in the TLD Startup Information.

  • Can a Registry Operator impose trademark related registration requirements during the Sunrise Period and curtail or eliminate these requirements in subsequent registration periods?

    During a Sunrise Period, a Registry Operator may apply restrictions related to the underlying rights of a trademark record as long as those restrictions are related to the purpose of the TLD. For example, if the purpose of a TLD was to serve a particular region, the Registry Operator could require that the trademark record be registered in that jurisdiction in order to be eligible for the Sunrise Period. However, if having a trademark from any jurisdiction meets the eligibility requirements to register a domain name in a subsequent registration period, the subsequent registration period eligibility requirements may be seen as evidence that the jurisdiction restriction in the Sunrise Period was not actually related to the purpose of the TLD.

  • Can a Registry Operator register or allocate domain names to non-Sunrise Eligible Holders prior to completion of the Sunrise Period?

    The general rule is that domain names may only be registered during a Sunrise Period to Sunrise-Eligible Rights Holders who have a valid SMD file issued by the Trademark Clearinghouse. Unless the Registry Operator has received ICANN's approval for an Approved Launch Program or ICANN implements a Qualified Launch Program as described in the TMCH Requirements, the Registry Operator may not register or allocate domain names to non-Sunrise-Eligible Rights Holders prior to the completion of the Sunrise Period to non-Sunrise-Eligible Rights Holders. Note that an allocation of a domain name includes any allocation, designation, assignment, or other form of earmarking of a domain name to a potential domain name registrant.

  • Is there any way for a Registry Operator to allocate or register domain names prior to the Sunrise Period?

    A Registry Operator may, after signing its Registry Agreement and until the start date of its Sunrise Period, apply to ICANN for approval to conduct an Approved Launch Program.

  • Can a Registry Operator offer a landrush period at the start of its General Availibility?

    General Availability begins on the first day that domain names are generally made available to all registrants that are qualified to register domain names in the TLD. A landrush period that meets the above description would be considered General Availability. If, however, the landrush period has eligibility requirements that limit the availability of domain names to registrants satisfying certain conditions, then the landrush period would be considered a Limited Registration Period and not the beginning of General Availability. Because a Limited Registration Period cannot overlap with the Claims Period, it also cannot overlap with General Availability. Registry Operators are encouraged to be clear in defining their periods to aid the understanding of the Community and to avoid questions about compliance with regards to the TMCH Requirements.

  • Can a Registry Operator release a domain name that it had reserved in accordance with the Registry Agreement for allocation or registration purposes at a later stage?

    Yes, if a Registry Operator reserves a domain name from registration in accordance with the Registry Agreement and thereafter releases for allocation or registration the reserved domain name at any time prior to the start date of the Claims Period, the domain name must be treated like any other domain name for any applicable Sunrise Period, Limited Registration Period, Launch Program or Claims Period. However, if the domain name is released for allocation or registration at any time following the start date of the Claims Period, the domain name must be subject to the Claims Service for a period of 90 calendar days following the date it was released (even if the domain name is released following completion of the scheduled Claims Period), provided that this requirement will expire if the Trademark Clearinghouse (or any ICANN-designated successor) is no longer in operation.

Have Questions?

Feel free to reach out to our TMCH support team at support@trademark-clearinghouse.com for any inquiries or assistance. We are here to help you navigate through your application and optimize the benefits we offer you.

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