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 between a Start-Date Sunrise and an End-Date Sunrise?
In a Start-Date Sunrise, Registry Operators may allocate or register domain names on a first-come, first-served basis or by any other time-based process. In an End-Date Sunrise, Registry Operators must not allocate or register domain names before the end of the Sunrise Period, and may not use a first-come, first-served or other time-based allocation. Auctions held amongst Sunrise-Eligible Rights Holders to resolve contention are compliant with Section 3.2.4 of the TMCH Requirements if the domain name is withheld until the ultimate allocation to one of the eligible holders.Do Registry Operators have to offer dispute resolution policies for Sunrise registrations?
Yes. All Registry Operators must offer a Sunrise Dispute Resolution Policy (SDRP) that allows challenges to Sunrise Registrations related to allocation and registration policies. This includes cases where domain names do not match the trademark record used for the Sunrise Registration. Each Registry Operator has discretion when designing its SDRP, which must be included in the TLD Startup Information.How does the 120-day no-activation period affect Sunrise?
Under the New gTLD Collision Occurrence Management Plan, no domain names may be activated in a TLD until 120 days after the Registry Agreement is signed. A Sunrise Period may start before this period expires, but domain names cannot be activated until the 120 days have passed. The same rule applies to any Qualified or Approved Launch Program.Can domain names be allocated before or during Sunrise to non-Sunrise-Eligible Rights Holders?
During the Sunrise Period, domain names may only be registered to Sunrise-Eligible Rights Holders with valid SMD files. Registry Operators may not allocate domain names to non-Sunrise-Eligible Rights Holders before the Sunrise Period unless ICANN has approved an Approved Launch Program or implemented a Qualified Launch Program. Allocations include any allocation, designation, assignment, or other form of earmarking of a domain name to a potential registrant.Can a Registry Operator offer a landrush period at the start of General Availability?
General Availability begins when domain names are open to all qualified registrants. A landrush period meeting this description would be onsidered General Availability. If eligibility requirements apply that limit domain name availability to registrants, it is considered a Limited Registration Period and cannot overlap with the Claims Period or General Availability.Can a Registry Operator release reserved domain names later for registration?
Yes. If a domain name reserved under the Registry Agreement is released for allocation or registration before the Claims Period, it must follow all Sunrise and Claims requirements. If released after the Claims Period begins, it must be subject to the Claims Service for 90 days after its release, even if the scheduled Claims Period has ended.
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.