FAQ
General
Does every Registry Operator have to use SMD files for its Sunrise Period?
Yes. A Registry Operator may not process registrations of domain names during a Sunrise Period unless the registration is accompanied by a valid Signed Mark Data (SMD) file issued by the Trademark Clearinghouse.Are Sunrise periods mandatory for every new gTLD?
Yes, every new gTLD is required by ICANN to organize a Sunrise Period of at least 30 days before domain names are offered to the general public.How long must a Sunrise Period last?
A Start-Date Sunrise Period must stay open for at least 30 days and cannot commence prior to the expiration of the required 30-day notice period. An End-Date Sunrise Period must stay open for at least 60 days. In either case, a Sunrise Period must not begin until ICANN has accepted the Registry Operator's TLD Startup Information and the Registry Operator has been assigned a Sunrise Period start date.What is a Limited Registration Period?
A Limited Registration Period is any registration period between the end of the Sunrise Period and the start of General Availability period. Thus, a Limited Registration Period has must have some registration restrictions that limits domain names from being generally available to all registrants that are qualified to register domain names within the TLD. Any registration during a Limited Registration Period must be subject to the Claims Service in the same manner as the registrations registered or allocated during the Claims Period.Can a Limited Registration Period overlap with the Claims Period?
No, the Claims Period lasts during the first 90 days of General Availability. A Limited Registration Period is by definition a registration period in which the Registry Operator has imposed additional registration restrictions beyond the registration policies of the TLDs General Availability. Thus, a Limited Registration Period cannot occur at the same time as the Claims Period/General Availability.My question is not listed in the FAQ section. What should I do?
Please raise a ticket to our dedicated Customer Support system by clicking on "Get support" on the TMCH interface or by sending an email to support@trademark-clearinghouse.com.What is the expected response time for customer support tickets?
The expected response time will vary depending on the number of customer support tickets submitted at the same time and the type and gravity of the issue submitted. It can take up to 10 days.Registrars
What is the role of a Registrar?
During the sunrise of a new TLD, you may go to a Registrar to request the registration of a domain name (e.g. exampleone.example or example-one.example). The registration process is going to be similar to the process you are used to with your favorite Registrar, but at some point in the process, the Registrar will ask you for your SMD file. The Registrar may require you to upload the SMD file (similar to the process to upload an attachment on a web mail provider) or to copy/paste the contents of the SMD file (select all text, copy and paste) into a text box.Do I need to be an ICANN accredited registrar to register within the Clearinghouse?
Yes, you must be an ICANN accredited registrar to register within the Clearinghouse.What must a registrar do while processing Claims Registrations?
The specific technical obligations that registrars must satisfy when processing Claims Registrations is available at http://tools.ietf.org/html/draft-lozano-tmch-func-spec sections 5.3.4 and 5.3.5. In general, Registrars must verify domain name availability with the Registry Operator and obtain a CNIS lookup key if the label is covered by a trademark record, registrars must query the CNIS to obtain Claims Notice Information (see section 6.5 of http://tools.ietf.org/html/draft-lozano-tmch-func-spec section), use the Claims Notice Information to populate the Trademark Notice (see Exhibit A of http://newgtlds.icann.org/en/about/trademark-clearinghouse/rpm-requireme...), clearly and conspicuously display the Trademark Notice to the potential domain name registrant and inquire as to whether the potential domain name registrant wishes to continue with the registration. The Trademark Notice must be provided by the registrar at the time of potential registration in real time, without cost to the prospective domain name registrant, and must be in the form specified in the Trademark Notice Form (an example of which is attached to Exhibit B of the TMCH Requirements). The Trademark Notice must require an affirmative confirmation by the potential domain name registrant to continue with the registration.Who should I reach out to if I am a registrar and have technical questions related to the SMD revocation list or the Claims notifications?
Please submit your question to Kyndryl (formerly IBM).In which language does the Trademark Claims Notice to potential domain name registrants needs to be?
The Trademark Notice must be provided by the registrar to the potential domain name registrant in English. Additionally, to best serve its potential domain name registrants, registrars should provide the Trademark Notice to potential domain name registrants in the language of the registrant's registration agreement.What can registrars query the CNIS for?
Registrars can only query the CNIS for domain names that have been applied for by a potential domain name registrant. Registrars are prohibited from querying the CNIS for any other purpose.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.