FAQ
General
Do I need to be the trademark owner to register in the Clearinghouse?
No, Trademark Agents are also eligible to submit a trademark on behalf of the trademark owner. Trademark Agents are entities or individuals authorized to act on behalf of a Trademark Holder who has agreed to the Clearinghouse Terms and Conditions for Trademark Agents.My brand is not yet registered as a trademark. Can I register it with the Clearinghouse?
The Trademark Clearinghouse in itself is not a trademark office. If you want your trademark to become a registered trademark, it is best to contact your local trademark office or agent to find out how. You can only include your brand in the Trademark Clearinghouse after it is officially registered as a trademark. Apart from registered trademarks, the Clearinghouse also accepts marks protected by treaty or statute, or court-validated marks.Are trademarks that are under application accepted in the Clearinghouse?
No, trademarks that are currently under application will not be accepted in the Clearinghouse. You can find more information about the Clearinghouse eligibility requirements in the Trademark Clearinghouse Guidelines.Are well known or famous non registered marks accepted in the Clearinghouse?
Well known or famous non registered trademarks can be accepted in the Clearinghouse provided that the Trademark Holder can submit to the Clearinghouse a court order providing for such protection. Such trademark must be recorded under the trademark type court validated mark.Are trademarks registered at state level accepted in the Clearinghouse?
No, State trademarks are not eligible for registration in the Clearinghouse as trademarks need to be at least of national effect in order to be accepted in the Clearinghouse. Trademarks registered by a city, state, province, or sub-national system will therefore not be accepted in the Clearinghouse. You can find more information about the Clearinghouse eligibility requirements in the Trademark Clearinghouse Guidelines.Are trademarks subjected to cancellation or invalidation procedures accepted in the Clearinghouse?
Trademarks subjected to successful cancellation or invalidation procedures are not eligible for acceptance into the Clearinghouse. For further details on eligibility requirements, please refer to the Trademark Clearinghouse Guidelines provided on this website.Are trademarks subjected to rectification proceedings accepted in the Clearinghouse?
Trademarks subjected to successful rectification proceedings are ineligible for acceptance into the Clearinghouse. For further details on eligibility requirements, please refer to the Trademark Clearinghouse Guidelines provided on this website.Does the Clearinghouse accept trademarks registered according to an accelerated procedure?
Trademarks registered according to an accelerated procedure, such as in the Benelux, will be accepted in the Trademark Clearinghouse if they meet the verification requirements of these Guidelines, but in the event these trademarks have been submitted to the Clearinghouse before the examination of the absolute grounds by the relevant trademark office and the end of the opposition period, these trademarks will be verified again by the verification agents of the Trademark Clearinghouse at the end of the opposition period. In the event the trademark should no longer be protected at the time of the re-verification, it will be deemed invalid by the Trademark Clearinghouse.Are trademarks that do not exclusively consist of letters, words, numerals, and special characters accepted in the Clearinghouse?
Under certain conditions, trademarks that do not exclusively consist of letters, words, numerals, and special characters may be accepted in the Clearinghouse. For detailed information on the eligibility criteria and examples of such trademarks, we recommend referring to the complete Trademark Clearinghouse Guidelines.Are company names accepted in the Clearinghouse?
At this moment, you can submit to the Clearinghouse (1) registered trademarks, (2) court-validated marks, and (3) marks protected by treaty or statute. In the future, the Clearinghouse may agree with registries to process other types of marks, such as company names. This is however, currently not the case.Are trademarks containing numbers accepted in the Clearinghouse?
Yes, trademarks containing numbers can be accepted by the Clearinghouse. You can find more information about the Clearinghouse eligibility requirements in the Trademark Clearinghouse Guidelines available on this website.Are trademarks in IDN characters accepted?
Yes, trademarks in IDN characters (Internationalized Domain Names) are accepted.Are trademarks in non-Latin script accepted?
Yes, trademarks in both Latin, and non-Latin script, are accepted.Can I submit information about trademarks with the same name, but registered in different countries, under the same trademark record?
No, this is not possible. Trademarks with the same name but registered in a different jurisdiction by the Trademark Holder will be treated as separate and independent trademark records. This will mean that if you want, for instance, to submit to the Clearinghouse a Trademark registered in France and in the United Kingdom, you will have to submit two separate and independent records: one for the Trademark registered in France and one for the Trademark registered in the United Kingdom.Will Trademark Agents, Trademark Holders and the public have the ability to search the TMCH database to see all trademark registrations that have been registered in the Clearinghouse?
We only share information to our Trademark Agents and Trademark Holders regarding their own portfolioMy trademark has been marked as invalid as it contains a dot. Now that the dot rule has changed, what can I do?
You need to first consult the new dot rule in the Trademark Clearinghouse Guidelines. If your trademark falls within the new dot rule requirements, you can send a service request to the customer support to re-correct the mark.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.What is the Qualified Launch Program?
The Qualified Launch Program is intended to provide a mechanism for Registry Operators to register a limited number of names to third parties to promote their TLDs prior to the Sunrise Period, while maintaining safeguards against intellectual property infringement.
According to the QLP Addendum, if a domain name matches a label in the Trademark Clearinghouse (TMCH), the domain name may be registered to a Sunrise-Eligible Rights Holder, as defined in the TMCH Requirements. If a domain name does not match a label in the Trademark Clearinghouse, the domain name may be registered in a Qualified Launch Program to any third party.
For more information please refer to the ICANN website.What options does a trademark owner have if someone attempts to register a website using their trademark?
Our Sunrise service allows tademark holders an advance opportunity to register domain names corresponding to their marks before domain names are generally available to the public. New gTLD registries are required to offer a Sunrise period for at least 30 days.
The Trademark Claims period follows the Sunrise period and runs for at least the first 90 days of an initial operating period of the General Availability period. During the Trademark Claims period, anyone attempting to register a domain name matching a mark that is recorded registered and verified in the Trademark Clearinghouse will receive a notification displaying the relevant mark information.
If the notified party goes ahead and registers the domain name, the Trademark Clearinghouse will send a notice to those trademark holders with matching records in the Clearinghouse, informing them that someone has registered the domain name.What is the difference between a domain name and a label?
The term domain name is a name consisting of two or more levels, such as, trademark-clearinghouse.com. A label is a part of a domain name, such as, trademark-clearinghouse from the domain name trademark-clearinghouse.com.What is the Trademark Clearinghouse Certificate Authority?
The Trademark Clearinghouse Certificate Authority (TMCH-CA), operated by ICANN, provides digital certificates to the Trademark Clearinghouse (TMCH), including the TradeMark Validator (TMV) certificate. These certificates are essential for signing and encrypting the Signed Mark Data (SMD) files, validating their origin from the Trademark Clearinghouse and ensuring ownership heritage. All SMD files generated by the Trademark Clearinghouse are signed under the TMCH-CA. When a third party, such as a registry or registrar, receives an SMD file, they can cryptographically decrypt it and verify its authenticity. Additionally, they can confirm that the signed content has not been altered since signing.
Renewal of these certificates is necessary to uphold standard security practices. It involves changing the Certificate Authority periodically and ensuring encryption levels meet current standards. Specifically, the TMCH-CA is renewed every ten years, while the TMV renewal occurs every five years.
The most recent renewal occurred at 18:00 UTC on February 15, 2023. As a result, all active SMD files were revoked and automatically regenerated within a maximum of 24 hours. The availability of the new SMD files gradually resumed after the renewal. Since the previous SMD files no longer met the new standards, Trademark Holders and Agents are required to obtain new SMD files from the TMCH platform after the new TMCH-CA and TMV certificates are in use.
Kindly note that it is possible to download the new SMD file in the web interface:
1. Sign in to the TMCH application.
2. Navigate to the "Services" tab.
3. Find the trademark record for which you want to download the SMD file (keep in mind that only verified trademark records with valid POU documentation are eligible for SMD generation).
Click on the file icon in the SMD column.
Your browser will then download the SMD file.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.Account
What if I do not agree to the Terms and Conditions?
The terms and conditions will be final. You will not be able to complete the registration process if you do not agree to the Terms and Conditions.How can I contact the Clearinghouse if I have issues when creating my account?
You can submit your query by sending an email to support@trademark-clearinghouse.com. Alternatively, the Trademark Clearinghouse can also be reached by phone during Belgian business days - Monday to Thursday from 9 AM to 12 PM and 1 PM to 5 PM (UTC+2) at +32.226394870.What is the Clearinghouse User Interface?
The Clearinghouse User Interface is the online web application that is available through www.trademark-clearinghouse.com. This enables you to, among other things, (i) create and manage your account(s) with us, and (ii) submit trademark records in order to receive the verification services.How can I register as a Trademark Agent?
Registering as a Trademark Agent is a simple five-step process:
Fill out the Trademark Agent application form on our secured website.
The Clearinghouse will verify the data you entered:
Check whether you or your company does not appear on the Specially Designated Nationals list (SDN list)*
Check your VAT number if applicable
If step 2 was successful, you will receive a confirmation e-mail, containing your user name and temporary password.
The first time you login, we ask you to choose a new and final password to replace the temporary one. You can now download two documents:
your personalized Trademark Agent contract. Please print and sign this and then upload it again.
the pro-forma invoice, listing all the payment details needed for your wire transfer of the prepayment deposit.
Once we have received the signed contract as well as the prepayment deposit, you are ready to go! Note that Trademark Agents who register for a Prepaid Account automatically receive discounts as they earn Status Points.
*As part of its enforcement efforts, The US Office of Foreign Assets Control publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called "Specially Designated Nationals" or "SDNs". Their assets are blocked and U.S. persons are generally prohibited from dealing with them.What is a Silver Agent Account?
A Silver Account is a type of Prepayment Account that is only available to Trademark Agents. If you opt for a Silver Account, the minimum deposit required will be 5,000 USD and can be entirely used for registering and renewing trademarks in the Clearinghouse. The remainder of the initial deposit will be non-refundable upon termination of your contract.What is a Gold Agent account?
A Gold Account is a type of Prepayment Account that is only available to Trademark Agents. If you opt for a Gold Account, the minimum deposit required will be 15,000 USD and can be entirely used for registering and renewing trademarks in the Clearinghouse. The remainder of the initial deposit will be refundable upon termination of your contract.Can a Trademark Agent register a single account for multiple Trademark Holders?
Certainly! As a Trademark Agent, you have the capability to manage the trademark portfolios of multiple Trademark Holders through a single Clearinghouse account.When will I receive my username and password?
After you've have submitted the registration form, the Clearinghouse must has to perform two checks:
1) Check your VAT number if applicable.
2) Check if you are not on the Specially Designated Nationals list (SDN list)
You will receive an email confirmation immediately afterwards along with both the username and the password.How can I reset my password?
To reset your password you only need the e-mail address you used to register your account.
Click "I forgot my password" on the webpage and follow the password reset process.
For a detailed guide on how to reset your password please read our manual on this topic.How can a Trademark Agent change the contract data of their TMCH account?
Certain fields of the contract data can be edited by Trademark Agents.
To edit this data, navigate to "My Account" and click on "Edit Contract Details".
For detailed information on how to change the contract data, please refer to our manual on this subject.
Please note that changing contract data will result in a revocation and regeneration of all SMD files linked to the account.As a Trademark Agent, do I need to obtain the written authorization of the Trademark Holder(s) on behalf of whom I am acting?
You need to obtain the authorization of the Trademark Holder(s) on behalf of whom you are acting.Who should sign the contract when a company registers as a Trademark Agent?
The person responsible for registering the trademark in the Clearinghouse should sign the contract. It does not necessarily have to be the company owner.How can I get listed on the TMCH website as an Official Agent?
Please raise a ticket to our dedicated Customer Support system to declare your interest by clicking on "Get support" on the TMCH interface or by sending an email to support@trademark-clearinghouse.com.
Through Customer Support, please provide the following details about your company:
Company name
Company URL
Contact e-mail
Contact telephone
Country of centralized office
Languages of service
Logo (.jpeg)
Description of your activities (max. 300 characters)
Small note: Being listed with your name and company logo on our website is a complimentary personal service we offer, not an obligation.How do I update my Agent listing?
You can request to update your Agent Listing by raising 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.
Through Customer Support, please provide one or more of the following details about your company that you wish to update:
Company name
Company URL
Contact e-mail
Contact telephone
Country of centralized office
Languages of service
Logo (.jpeg)
Description of your activities (max. 300 characters)Financials
Who is CHIP S.A.?
CHIP S.A. is the financial partner of the Trademark Clearinghouse and all invoices from the Trademark Clearinghouse are issued by CHIP S.A., with registered address at 21, rue L'on Laval, L-3372 Leudelange, Luxembourg (Commercial Registration Number B170388 and VAT LU 25955733).
The Clearinghouse does not send any paper invoices. If you receive one, exercise caution as it may be fraudulent.How much do I need to pay to become a Trademark Agent?
The initial minimum amount that must be deposited into a Prepaid Account before you will be eligible to submit trademark records depends on the type of account you have selected.
If you opt for a Silver Agent Account, the minimum deposit is 5,000 USD and can be entirely used for registering and renewing trademarks in the Clearinghouse for the entire duration of the contract. The remainder of the initial deposit will be non-refundable upon the termination of your contract.
If you opt for a Gold Agent account, the minimum deposit is 15,000 USD and can be entirely used for registering and renewing trademarks in the Clearinghouse for the entire duration of the contract. The remainder of this initial deposit will be refundable if you terminate your account.
Please refer to our Detailed Fee Structure, available in the Downloads section on our website, for more detailed information.How can I register for a Prepaid Account?
You can sign up on our website. After going through the registration process, a minimum deposit of 15,000 USD (Gold Account) or 5,000 USD (Silver Account) is required to activate the Prepaid Account.
These funds are immediately and entirely available for registering trademarks. There is no limit on the number of trademarks that may be registered, as long as the account has sufficient funds. Only wire transfers are accepted, and the wiring party will bear any applicable or associated transaction and currency conversion costs. These funds can be used entirely for registering trademark records for the entire duration of the contract. If you decide to terminate your Agent contract, the remainder will be reimbursed to your bank account in case you have opted for the minimum initial deposit of 15,000 USD but not if you have opted for the minimum initial deposit of 5,000 USD.
Please refer to our Detailed Fee Structure, available in the Downloads section on our website, for more detailed information.Can I open a Prepaid Account even if I am not ready to provide the details of the trademarks I want to submit to the Clearinghouse?
Yes, it is possible to open a Prepaid Account as a Trademark Agent or Trademark Holder and only submit trademark records at a later stage. The deposited funds remain at your disposal for the entire duration of your contract.Can I become a Trademark Agent without opting for a Prepaid Account?
Trademark Agents have access to the Advanced Fee Structure, which means that you will only be able to opt for a Prepaid Account.How can I top up my Prepaid Account?
At any time, the Trademark Holder or Trademark Agent can increase the amount of funds in its Prepaid Account with a minimum of 1,000 USD per payment, by wiring the desired amount to the bank account below. Do not forget to add your account UID as a wire reference. The wiring party will bear any applicable or associated transaction and currency conversion costs
After receiving the funds, your Prepaid Account will be increased with the received amount and you will be able to download an invoice for this amount.
CHIP S.A.
21, rue L'on Laval
3372 Leudelange
Luxembourg
Bank name: ING Luxembourg
Account Number: LU 36 0141 6441 9360 3010
SWIFT/BIC: CELLLULL
Bank address: 52, route d'Esch L-2965 LuxembourgCan I terminate my Prepaid Account?
You can terminate your Prepaid Account when all trademark records that are linked to the account have expired, have been assigned the "invalid" or "deactivated" status or have been transferred.
To initiate the termination process, you need to log into the TMCH web interface, go to the "My account" tab and deactivate your account.
If you opted for a Gold Trademark Agent account, the Trademark Clearinghouse will issue a credit note to the Trademark Agent for the funds that are still available on its Prepaid Account after which the funds will be transferred back to the Trademark Agent\\\'s bank account. All transaction and potential currency conversion costs will be borne by the Trademark Agent. The credit notes issued, will comply with the Luxembourg VAT requirements (a.o. refer to the initial invoice) and credit the VAT treatment applied on the initial invoice.What happens if I run out of funds on my Prepaid Account?
In case no sufficient funds are available to perform required actions, the requested actions will be executed serially until the Prepaid Account no longer has sufficient funds.
For example, if you are renewing a selection of trademark records and no sufficient funds are available to renew all selected trademark records, the records will be renewed serially until the Prepaid Account no longer has sufficient funds to renew the next trademark record(s).
A trademark record will not be accepted for registration once the Prepaid Account does not contain sufficient funds to pay the applicable registration fee. You can consult the available funds on your prepaid account at any time by navigating to "My account".I have multiple Prepaid Accounts. Can I cover all invoices for those accounts in one payment?
TMCH will provide one pro-forma invoice per Prepaid Account, and is expecting a payment that matches the amount of the pro-forma invoice. Hence you need to pay for each account individually.Do I have to pay VAT?
All prices are listed in USD and do not include any Value Added Tax (VAT). Since CHIP S.A. is subject to the Luxembourg VAT regulations, we have to charge an additional 17% VAT when:
the Trademark Holder or Trademark Agent registered country of residence is within the European Union and the Trademark Holder or Trademark Agent has indicated that it is not VAT-liable, i.e. did not provide a valid VAT-number.
the Trademark Holder or Trademark Agent registered country of residence is Luxembourg.
Please refer to our Detailed Fee Structure, for more information about VAT.How are currency and transaction costs handled?
All transaction and potential currency conversion costs associated with a wire transfer will be borne by the Trademark Agent or Holder, as applicable. In case the amount received by Trademark Clearinghouse is different from the amount specified on the pro-forma invoice, i.e. because of transaction costs (e.g. all costs related to any transaction, meaning wire transfer costs and/or costs related to the conversion from another currency to USD) charged to the Trademark Clearinghouse, the advance payment invoice will mention the amount that was actually received by Trademark Clearinghouse. The invoice will mention the transaction costs that were applied on the wire transfer.
Please refer to our Detailed Fee Structure, for more detailed information.Which currencies are accepted by TMCH?
All prices are in USD. All payments, either by credit card or wire transfer, should be done in USD. In case wire transfers are send to our bank account in another currency, the transfers will be converted to USD at the expense of the sender.Can I pay using my native currency if my business is based overseas?
We are limited to billing and accepting payments in USD only.Why am I not receiving any invoices?
Invoices can be viewed and printed at all times by navigating to "My account" and clicking on "List of Invoices" in the TMCH interface. The Clearinghouse does not send any paper invoices. If you receive one, exercise caution as it may be fraudulent.Can I receive a paper copy of my invoice (by request)?
Invoices are stored as PDF and can be downloaded and printed by clicking on "My account" > "List of Invoices" in the TMCH interface. The Clearinghouse does not send any paper invoices. If you receive one, exercise caution as it may be fraudulent.I have received a paper invoice from the Clearinghouse, what should I do?
The Trademark Clearinghouse does not send any paper invoices. If you receive one, exercise caution as it may be fraudulent.Is it possible to divide my bill into several payments?
The TMCH interface enables you to register up to 10 trademarks in one transaction, with each transaction generating its own invoice. If you wish to split registrations across multiple transactions, you will need to adjust the number of registrations within each transaction accordingly.
Please refer to our Detailed Fee Structure, for more detailed information.Can I pay with a cheque?
The Clearinghouse only accepts payments by credit card (VISA, MasterCard, Amex) from Trademark Holders. Trademark Agents or Trademark Holders who have registered for a Prepaid account, can pay by wire transfer.Can I receive a discount? Is bulk pricing available?
Yes, the Advanced Fee Structure provides step-based pricing discounts based on volume and the number of years that the trademark is being registered for. In order to be eligible for the Advanced Fee Structure, Trademark Holders and Trademark Agents must establish a Prepayment Account.
Please refer to our Detailed Fee Structure, for more detailed information.What are Status Points?
Trademark Agents and Holders who register for a Prepaid Account (Advanced Fee structure) automatically receive discounts as they earn Status Points. Status Points are earned by either registering or renewing trademark records. The Status Points determine how much you will pay for a registration or renewal at that time. The higher the amount of Status Points, the lower the price you pay for a registration or renewal.
Please refer to our Detailed Fee Structure, for more detailed information.How can I keep track of my Status Points?
You can follow the progress of your Status Points in the Clearinghouse User Interface by navigating to your Account page. Your current Status Points are included in the "Current Financials"-section.Do Status Points expire?
Status Points expire at the end of the Registration Period, the Status Counter is then automatically reset to zero. The Registration Period is defined as follows:
- For a Trademark Holder or Trademark Agent who registered one or more trademarks in the Trademark Clearinghouse during the Early Bird Registration Period: The initial Registration Period will begin when they registered the first trademark in the Trademark Clearinghouse and ends on the first anniversary of the closing date of the Early Bird Registration Period.
- For a Trademark Holder or Trademark Agent who did not register a trademark during the Early Bird Registration Period: The initial Registration Period will begin when they registered the first trademark in the Trademark Clearinghouse and ends on the first anniversary of such date.
Thereafter, in either of the above two cases, each subsequent Registration Period shall consist of a 12 month period beginning on the date of termination of the previous Registration Period and ending on the first anniversary of such date.
Please refer to our Detailed Fee Structure, for more detailed information.Are there additional charges for opting in or opting out of the Sunrise, Claims, or Ongoing Notifications service?
There are no extra fees for opting in or opting out of Sunrise or Claims service.Does a trademark record registration fee in the Clearinghouse include the domain name registration fee in a Sunrise period?
The fee the Clearinghouse charges, is merely for registering your trademark in TMCH. If you wish to participate in a Sunrise period of a TLD, there will likely be an additional cost to actually register your domain name in that TLD. This cost is not determined by the Clearinghouse but depends on the commercial model of the specific TLD. The Clearinghouse cannot register actual domain names and you will need to contact a domain name registrar if you wish to participate in a Sunrise period of a TLD.Are there additional charges for correcting errors in my trademark record?
You will have the possibility to correct errors free of charge one time. You will be notified by the verification agents of the Clearinghouse should the information you submitted be incorrect. You can provide a correction within a time limit of thirty-five (35) calendar days. Only if the information is still incorrect after this first correction, or if you have failed to correct the information within thirty-five (35) calendar days, your trademark record will be invalidated.Will I be charged if my trademark record is deemed invalid by TMCH?
Since you will be charged per trademark record submitted, regardless of the final decision taken by the verification agents, you will be charged, even if your trademark record is deemed invalid.Is there an additional fee if I submit the Proof of Use documentation of a trademark at a later stage?
There will be no additional fee when you submit Proof of Use documentation at a later stage.What is the cost for additional domain name labels?
The first 10 domain name labels, generated using the matching rules, are included in the price of the registration. The fee for each additional domain name label (above 10) that a Trademark Holder or Agent chooses to link to a trademark record, varies based on the duration of the registration. For a 1-Year registration, the price is $1, for a 3-Year registration, the price is $3 and for a 5-Year registration, the price is $5.
Please refer to our Detailed Fee Structure, for more detailed information.Where can I find information on the fees related to Abused Domain Name Labels?
For more information on the Abused DNL fee structure please refer to the Detailed Fee Structure for the Clearinghouse.Trademark Record
What is the deadline for submitting trademarks to the Clearinghouse?
There is no time limit as to when you can submit your trademark record in the Clearinghouse. Nevertheless, in order to benefit from our Sunrise Service, you will need to submit a trademark record before the launch of the TLD in which you want to register your domain name during the Sunrise period.How do I know that my trademark has actually been submitted to the Clearinghouse?
Upon confirmation of payment and when your trademark record has the status "new", it has been submitted to the Clearinghouse. Please ensure that you have reviewed your order, selected the correct duration term before submitting.Is it possible to register a trademark if the trademark name only consists of two characters?
Yes, any trademark with at least one character is acceptable in the Clearinghouse. However, please note that all two-character labels will be withheld from registration or allocated to Registry Operator at the second level within the TLD in order to avoid confusion with country codes. Such labels may not be activated, and may not be released for registration to any person or entity other than Registry Operator, unless the Registry Operator reaches an agreement with the related government and country-code manager of the string. The Registry Operator may also propose the release of these reservations based on its implementation of measures to avoid confusion with the corresponding country codes, subject to approval by ICANN.Can I submit a trademark composed of two different scripts?
Yes, the Trademark Clearinghouse accepts trademarks consisting of multiple scripts. However, please check with the applicable registry first, as not all registries will accept a mixed-script domain name.In which format should I enter dates into the Clearinghouse?
The dates should be entered in YYYY-MM-DD format.In which language should the detailed description of goods and services be provided?
You should provide the detailed description of goods and services in the language of the trademark certificate. If you wish to submit the description in another language, you should provide a certified English translation with the trademark record.The jurisdiction in which my trademark is registered is not listed as a jurisdiction in which an online database for registered trademarks is available. Can I still submit my trademark?
Yes, you can still submit your trademark but you should upload a copy of the trademark certificate and, if relevant, of the renewal certificate showing that the mark is still registered.The jurisdiction in which my trademark is registered does not apply Nice classification, what should I do?
In field DESCRIPTION OF GOODS AND SERVICES CLASS, you should select Not applicable. You should, however, always provide the detailed description in field DETAILED DESCRIPTION OF GOODS AND SERVICES.Some goods and services for which my trademark was registered have been cancelled. Should I indicate those in the field DETAILED DESCRIPTION OF GOODS AND SERVICES?
No, only the goods and services for which your trademark is still protected should be listed in field DETAILED DESCRIPTION OF GOODS AND SERVICES in your trademark record. For instance, if your trademark is registered in the United States and there are some goods and services that are indicated between square brackets you should omit those goods and services as these are no longer covered by your registration according to the USPTO.The address of the trademark holder is incomplete on the trademark certificate, what should I enter in the address fields?
If the street is missing on the trademark certificate, you should indicate the correct street name and submit documentary evidence (e.g. an extract of the company registry showing the name of the street) or you should indicate 'N/A'.
If the postal code is missing on the trademark certificate, you should indicate the correct postal code and submit documentary evidence (e.g. an extract of the company registry showing the postal code) or you should indicate 'N/A'.
If the city is missing on the trademark certificate, you must indicate the correct city name and submit documentary evidence (e.g. an extract of the company registry showing the name of the city).How are domain name labels matching the name of my trademark generated?
The list of labels is generated automatically based on the name of your trademark. You can find more information about the generation of labels in the Trademark Clearinghouse Guidelines available on this website.Why are there no labels attached to my trademark?
This can happen if you, for instance, have changed the name of your trademark. When the name of the trademark is incorrect, you will need to change the name and add the labels manually in the trademark record. If you forget to add labels, no labels will be generated.
Please refer to our manual for more information on how to add labels manually.My trademark contains a space. How will the domain name labels be generated?
The space in the name of the trademark will be either omitted or replaced by a hyphen in the label. The labels are automatically generated by the Clearinghouse based on the name of the trademark. You can find more information on the generation of labels in Trademark Clearinghouse Guidelines available on this website.My trademark contains a hyphen (-). How will the domain name labels be generated?
My trademark contains a hyphen (-). How will the domain name labels be generated?
This hyphen (-) will remain in the label automatically generated by the Clearinghouse because the hyphen is a character that can be represented in the domain name system. You can find more information on the generation of labels in Trademark Clearinghouse Guidelines available on this website.My trademark contains a character with an accent. When generating the labels, will this character be replaced with the corresponding character without an accent?
The character with the accent will be present in the label generated by the Clearinghouse. It will not be replaced by a character without an accent as IDN characters are accepted by the Clearinghouse.How will the verification process work? Will it involve a check against online databases or a more in-depth analysis?
There are three types of trademarks accepted in TMCH, and depending on the type of the trademark and the country of protection we will do a check against the online databases or perform an in-depth analysis. Please refer to Trademark Clearinghouse Guidelines for more detailed information on the verification process.How long will it take to complete the verification process?
This depends on the number of verifications requested at the time your trademark record is submitted and on whether all provided information is correct. Please note that it can take our verification agents up to 15 days to verify your trademark record and another 10 days to verify your Proof of Use.How often will my trademark record by re-verified?
Your trademark record will be re-verified annually if you have registered for a period of three (3) or five (5) years. If the provided information is incorrect or no longer up-to-date, a notification will be sent out to the Trademark Agent or Holder.My trademark record has the status "NEW", what does this mean?
Your trademark record is still in the verification process. After your trademark record is verified, it will receive one of the following statusses: (1) "verified" which means that no further action will be requested from you (unless the Proof of Use is on "incorrect"), (2) "incorrect" which means that you will be able to correct the trademark record and (3) "invalid" which means that you have already used your chance to correct the trademark record and are no longer able to correct it without buying an additional correction (only available to prepaid accounts) or alternatively you can submit the trademark record again.I have received a message saying my trademark is incorrect. What should I do?
This message has been sent to you to point out that since one of your trademarks has been marked as "incorrect". To find out why your trademark was marked "incorrect". please log in to the TMCH interface, navigate to the "Marks overview"-tab and go the trademark record that has the status "incorrect". You will find detailed comments from our verification Agents in the "Comment"-field in the middle of the page.
If you wish to correct your trademark record, you can find how to do this in one of our two manuals:
How can I see why my trademark record has been assigned the "incorrect" status?
The verification agent provides detailed comments as to why your trademark record has been deemed incorrect, which you can view in the "Comment" section in your trademark record.
For more information, please read one of our detailed manuals on how to correct your trademark record:
How can I correct my trademark record?
Please read one of our detailed manuals on how to correct your trademark record:
How many times can I correct my trademark record?
You can correct your trademark record one time. If you fail to correct your trademark record, your trademark will be assigned the "invalid" status by our verification Agents.How much time do I have to correct my trademark record if a correction is requested by TMCH?
You will have thirty-five (35) calendar days to correct your trademark record.Can I receive a refund when I fail to correct my trademark record?
Please note that no refunds are provided.Can I still correct my trademark record after receiving the "invalid" status?
No, once your trademark record has been set to "invalid", you can no longer correct the trademark record.
However, the Trademark Clearinghouse allows Trademark Agents and Holders with a prepaid account to purchase an additional correction through the TMCH interface. This allows prepaid accounts to correct invalidated trademark records (either because errors are still present or because the correction time of 35 days has elapsed).
You can purchase the additional correction chance by navigating to the invalidated trademark record from the "Mark overview" page and clicking on button "Additional correction" below the status.
Prepaid accounts will be able to modify either the trademark name or the trademark registration number, not both. For this service a fixed amount of 75 USD per correction will be deducted directly from the prepaid account. The additional correction is only available until 30 days before the trademark record expiry.
For further details on the additional correction, please refer to our one pager on extra corrections.The address of the trademark holder available in the trademark certificate no longer corresponds to the current address of the trademark holder, how should I proceed?
You should submit the current address of the trademark holder in the trademark record along with additional documentary evidence, such as an extract of the company registration form, to enable the Clearinghouse to verify this information.The name of my company has changed but the trademark certificate has not yet been updated accordingly, what should I submit?
You need to submit the new name in the trademark record along with documentary evidence reflecting the organization name change.How can I submit documentary evidence, which is not Proof of Use documentation?
You can submit documentary evidence by using the TMCH interface or Automated interface. Upload the documentation by logging into your TMCH account, navigating to the trademark record and clicking on "Edit" next to the indication of the "incorrect" status. Afterwards, please select the type of document you wish to submit and click on "Choose File" to upload the necessary documents and click on "Finalize and submit".
All documents can be provided in PDF or JPG, with a maximum file size of 10 MB per document. The documents must be human-readable.Can I submit paper evidence?
At this time, documentary evidence can only be submitted in JPEG or PDF format using the TMCH interface or Automated interface. The size of each document can be up to 10 MB. Documents should be human-readable.What is required to renew my trademark record?
If you have opted to submit your trademark record in the Clearinghouse for three (3) or five (5) years, your trademark record will be automatically renewed yearly 3 or 5 times respectively. You will only need to submit information again, if the information you previously submitted is no longer complete and/or accurate, or if you are requested to do so by the verification agent during the automatic annual reverification.How do I manage the trademark renewal?
All trademark records in TMCH are subject to annual reverification. The Trademark Agent or Holder will receive 2 e-mail notifications: one 60 days and one 30 days before the mark expiration date, and one 10 days after the mark expiration date. This is independent of whether the registrations were performed through the web or the automated interface.
Upon renewal, Trademark Agents or Holders will be able to change the duration of the consecutive registration period for trademark records.
Upon submission of the trademark records to be renewed, the Trademark Holder's or Trademark Agent's Prepaid Account is checked to see if sufficient funds are available to renew the selected trademark records. In case no sufficient funds are available to renew all selected trademark records, trademark records are renewed serially until the Prepaid Account no longer has sufficient funds to renew the next trademark records. If this is the case, the Trademark Agent or Holder is advised to increase its Prepaid Account.What happens if I do not renew before the mark expiration date?
If you have failed to renew your trademark record before the mark expiration date, your trademark record will receive the "expired" status and you will no longer be able to register in any Sunrise period or receive any notifications. If you still want to benefit from these services after the expiration of the trademark record, you will need to start the registration process again, meaning that you will need to resubmit your trademark information.Is there additional Proof of Use documentation required when I want to renew my trademark record?
If the information in the trademark record has not changed since registration or previous renewal, you don't need to provide additional Proof of Use documentation.How much does it cost to transfer a trademark record?
The fee for transferring a trademark record is set at 30 USD per trademark record per transfer.How can I transfer a trademark record if I have an SMD file?
You can transfer a trademark record to a Trademark Agent with SMD file by executing the following steps:
The Trademark Agent or Holder that wishes to transfer their trademark record:
Download the SMD file linked to the trademark record.
Navigate to the TMCH interface.
Click on the link to start the Mark Transfer process by clicking on "follow this link" in the last paragraph of the welcome text.
Upload your SMD file and click on "Initiate transfer" to start the transfer process.
An e-mail containing the transfer code has been sent to the e-mail address linked to the trademark record.
Provide this transfer code to the Trademark Agent of your choice.
If you are the new Trademark Agent, in possession of an SMD file of a trademark record that you wish to transfer into your portfolio, please execute the following steps:
- Navigate to the TMCH interface.
- Click on the link to start the Mark Transfer process by clicking on "follow this link" in the last paragraph of the welcome text.
- Upload the SMD file and click on "Initiate transfer" to start the transfer process.
- An e-mail containing the transfer code has been sent to the e-mail address linked to the trademark record.
- Obtain the transfer code from the trademark owner.
Please note that the transfer code will be active for 14 days, after this period you can request a new transfer code by following the same process as described above.
The Trademark Agent that received the transfer code:
- Navigate to the TMCH interface and sign in.
- Click on "Execute a transfer" at the right-hand side of the Mark overview.
- Enter the transfer code you received from the previous Trademark Agent or Holder.
- Your prepaid account will be charged 30 USD and the trademark record will be transferred to your account.
Please refer to our manual on how to transfer trademark records for more detailed information.How can I transfer a trademark record if I do not have an SMD file?
You can only transfer a trademark record without SMD file if the trademark record has the "verified" status at that time. You can transfer a verified trademark record to a Trademark Agent without SMD file by executing the following steps:
The Trademark Agent or Holder that wishes to transfer their trademark record:
- Navigate to the TMCH interface and sign in.
- In the Mark overview, open the verified trademark record you wish to transfer.
- Click on button "send transfer code" under the indication of the "verified" status.
- A pop-up message will show you the transfer code (we strongly suggest you copy this code).
- After clicking on "OK", an e-mail containing the transfer code has been sent to the e-mail address linked to the trademark record.
- Provide this transfer code to the Trademark Agent of your choice.
Please note that the transfer code will be active for 14 days, after this period you can request a new transfer code by following the same process as described above.
The Trademark Agent that received the transfer code:
- Navigate to the TMCH interface and sign in.
- Click on "Execute a transfer" at the right-hand side of the Mark overview.
- Enter the transfer code you received from the previous Trademark Agent or Holder.
- Your prepaid account will be charged 30 USD and the trademark record will be transferred to your account.
Please note that this process is only possible in case the SMD file of the trademark record is unavailable and cannot be downloaded at that time.
Please refer to our manual on how to transfer trademark records for more detailed information.How many abused labels will I be able to add per trademark record?
You will be able to add up to 50 abused labels per trademark record.
These abused labels may be added on the basis of the UDRP case or court cases.Will the abused labels be included in the SMD file?
The abused labels will not be included in the SMD file but you will receive claims notifications related to these abused labels.Will all abused labels have to pertain to the same court decision or UDRP case?
No, you will be able to add labels included in different court decisions and/or UDRP cases with a maximum of 50 labels in total per trademark record.Should the court that has rendered the decision have to be a national court?
Yes, the court that has rendered the decision about the abused label(s) will have to be a national court.Will the pricing be the same for both a UDRP case and a court case?
No, there will be different prices made available for a UDRP case and a court case.Should the UDRP case be rendered by a specific provider in order to be accepted by the Clearinghouse?
Yes, the UDRP case must have been rendered by an ICANN approved service provider.Which information regarding UDRP and court cases will be verified by the Clearinghouse?
The verification agents of the Clearinghouse will verify that (1) the name of the trademark included in the trademark record matches the name of the trademark in the case, (2) the registration/reference number provided in the trademark record matches the registration/reference number of the trademark mentioned in the case, (3) the jurisdiction/country of protection in the trademark record matches the jurisdiction/country of protection of the trademark mentioned in the case and (4) the abused labels provided in the Clearinghouse matches the abused labels mentioned in the case.Which information do I have to provide with regards to the court case?
You will have to provide the name of the court, the reference number of the court case, the language of the court case, a copy of the court case and the abused labels.How should I proceed if the court case or UDRP case does not contain all the requested information (for instance the registration number of the trademark)?
You can upload additional documentary evidence as annexes to the UDRP or court case.Does the label rule only apply to typos, misspellings, or does it also apply to UDRP and courts cases where the trademark is simply included, ex. BrandSucks.com?
Abused labels in which the trademark is simply included could be submitted to the Clearinghouse as long as they meet all the eligibility requirements mentioned on the Clearinghouse webiste.Proof of Use
What is a Proof of Use?
If the trademark holder of the registered trademark opts in for the Sunrise service, the Proof of Use submitted by the Trademark Agent or Holder will be verified. When examining the sample of Proof of Use submitted by the Trademark Agent or Holder, it will be verified that the sample submitted communicates to a consumer to distinguish the product or services of one from those of another.
Accordingly, examples of acceptable evidence would include items from either of the following categories:
1. Labels, tags, or containers from a product.
2. Advertising and marketing materials (including brochures, pamphlets, catalogs, product manuals, displays or signage, press releases, screenshots, or social media marketing materials).
An uploaded and verified Proof Of Use is valid for 5 years and can be uploaded in 2 separate files, the actual sample of Proof of Use and a signed declaration of Proof of Use.Do I need to submit Proof of Use documentation when submitting my trademark record?
If you wish to opt-in for the Sunrise Service a Proof of Use for your trademark is required. The Verification of Proof of Use (POU) by the Trademark Clearinghouse is required to qualify for participation in the Sunrise Domain Name Registration processes.
The option of opting in for the related services can be selected at a later stage.How can I upload a Proof Of Use at a later stage?
If you have chosen not to upload Proof of Use when the trademark record was submitted you can add it later on by clicking on the trademark record in the "Mark overview", navigating to the "Proof Of Use" field, and selecting "Add proof of use".
Adding Proof Of Use at a later stage is only possible after the trademark record has been assigned the "verified" status.Where can I find the templates of signed declaration of Proof Of Use ?
We kindly refer to the following links to download the required templates of the signed declaration of POU:
To benefit from the Sunrise service, do I need to submit a sample of Proof of Use even if my trademark registration is based on proven usage?
Yes, if you submit a registered trademark in the Clearinghouse and wish to benefit from the Sunrise service, you will have to submit a single sample of Proof of Use as well as a signed declaration of Proof of Use. You can find more information concerning the Proof of Use in the Trademark Clearinghouse Guidelines available on this website.How many samples of Proof of Use do I have to submit to be able to use Sunrise Service?
As stated in the Trademark Clearinghouse Guidelines, one sample of Proof of Use is sufficient per trademark record.Should only one sample of Proof of Use be provided if there are multiple goods and services registered in my trademark?
As stated in the Trademark Clearinghouse Guidelines, one sample of Proof of Use is sufficient per trademark record.If I submit multiple trademarks records for the same trademark, do I need to submit multiple Proof of Use documentation?
As stated in the Trademark Clearinghouse Guidelines, one sample of Proof of Use is sufficient per trademark record.Concerning the Proof of Use for an international trademark, does a Proof of use in one country will be sufficient or will we have to send proof for all covered countries?
As stated in the Trademark Clearinghouse Guidelines, one sample of Proof of Use is sufficient per trademark record.Can a photograph of goods be accepted as sample of Proof of Use?
Yes, as stated in the Trademark Clearinghouse Guidelines, labels and tags from a product with the name of the trademark can be accepted as Proof of Use.Can a screenshot of a website be submitted as sample of Proof of Use?
Yes, a screenshot of a website containing the name of the trademark can be accepted as sample of Proof of Use.Can a link to a website be submitted as sample of Proof of Use?
As stated in Trademark Clearinghouse Guidelines a link to a website is insufficient.Can a POU expire? (5 year POU revalidation)
As per the ICANN requirements, an update on the POU documentation is required once every five years. As of the POU expiry date, the SMD file can no longer be used for our Sunrise service. Therefore, the Proof Of Use (signed declaration and sample) will expire 5 years after it has been submitted and will need to be resubmitted to maintain a valid POU. In case your documents are (almost) older than 5 years, you will be required to re-verify the validity and actuality of the uploaded sample and declaration of use.
To do so, a bulk POU revalidation page has been launched on our TMCH web interface. You can access this page by navigating to your TMCH account and clicking on the button "bulk validate POU" at the bottom right of the "Mark overview" page. The possibility to revalidate your POU will only be available in case you have POU documents that are almost 5 years or older. Please note that if no action is taken 60 days after the POU expiry date, the POU status will automatically change to "expired", the pop-up message will be removed and the associated SMD file will be revoked.
For further details on the different steps to revalidate your POU documents, please refer to our manual.
In case you have any further questions related to the revalidation of the POU, feel free to contact us directly by raising 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.How much time do I have until the Proof of Use is expired?
As per the ICANN requirements, an update on the Proof Of Use documentation is required once every five years. After 5 years, when the Proof Of Use expiry date is reached, the SMD file can no longer be used for the Sunrise service.
If no action is taken 60 days after the Proof Of Use expiry date, the POU status will automatically change to "expired" and the associated SMD file will be revoked.How do I renew the Proof of Use documentation?
In case you, as a Trademark Agent or Holder, has trademark records for which the POU will expire within 120 days, a bulk POU revalidation page will become available. You can access this page by navigating to your TMCH account and clicking on the button "bulk validate POU" at the bottom right of the"Mark overview" page. Here, you will be able to select the trademark records for which the POU documents are:
- Valid and can be revalidated.
- No longer valid and need to be invalidated, after which new POU documentation needs to be uploaded via the standard procedure (How to submit and change a POU).
For further details on the different steps to revalidate your POU documents, please refer to our manual.What can I do in case I did not renew my POU on time?
When the POU expiry date is reached, the SMD file can no longer be used for the Sunrise service. Furthermore, if no action is taken 60 days after the POU expiry date, the POU status will automatically change to "expired" and the associated SMD file will be revoked.
Therefore, if you did not renew the POU documentation in time, revalidation of the POU documents is necessary to be eligible for the Sunrise Service.
To do so, a bulk POU revalidation page has been launched on our TMCH web interface. You can access this page by navigating to your TMCH account and clicking on the button "bulk validate POU" at the bottom right of the "Mark overview" page. The possibility to revalidate your POU will only be available in case you have POU documents that are almost 5 years or older.
For further details on the different steps to revalidate your POU documents, please refer to our manual.TMCH Services
Can I try the TMCH services before ordering?
As a registered user, you will have access to the full web interface and can check out all the pages and features. Once you have actually submitted a trademark registration and have paid for it, the order is considered final.
As a registered Agent, you will also have access to the API OT&E environment. Please refer to the OT&E documentation, for more detailed information.How does registering trademarks within the Clearinghouse protect companies' brands?
Registering trademarks within the Clearinghouse will help companies protect their brands through our two proactive services: the Sunrise Service and Trademark Claims Service.
1. Sunrise is an initial period of at least 30 days before domain names are offered to the general public. Trademark owners can take advantage of the Sunrise period to safeguard the domain name that matches their trademark. A Sunrise Period is mandatory for all new gTLDs and having a validated trademark entry in the Clearinghouse is the minimum requirement to participate in this limited pre-registration period.
2. The Trademark Claims period is followed by the Sunrise period. It is a notification service, mandated by ICANN for all new gTLDs, to warn both domain name registrants as well as trademark owners of possible infringements.
The service works as follows:
Potential domain name registrants receive a warning notice when attempting to register a domain name that matches a trademark in the TMCH.
If, after receiving and accepting the notice, the domain name registrant does continue to register the domain name, the trademark holder with a corresponding mark will receive notification of the domain name registration, so they can take any appropriate action if should they so desire.Is the TMCH the only Clearinghouse or are there other providers providing these services?
Yes, the Trademark Clearinghouse (TMCH) is the only clearinghouse that has been developed by ICANN and offers unique services to protect their the rights of trademark holders. Should other providers claim that they are providing the same services as the TMCH, we kindly ask you to provide us with this information by raising a ticket in our dedicated Customer Support system by clicking on "Get support" on the TMCH interface or by sending an email to support@trademark-clearinghouse.com. Please be aware that that the TMCH is the only provider that connects with all registries. For more information, please visit ICANN’s website.What is an SMD file?
A Signed Mark Data (SMD) file is similar to a password in the sense that it allows you to identify yourself and request an action that requires privileges to be executed.
The SMD file is a versatile instrument that will allow you to register domain names during the Sunrise period of new gTLDs and request other services (e.g. initiate a URS process).
Note: The possession of your SMD is sufficient to request services based on your SMD, therefore it is important that you keep your SMD secure and you only share your SMD with a trusted person/entity (e.g. ICANN-approved URS providers).What is the purpose of an SMD file?
In the domain name registration process, the purpose of an SMD file is to show that the Trademark Clearinghouse has verified your trademark record, and that you have met the minimum eligibility requirements to request the registration of domain names during the Sunrise period of a TLD.
For example, if your trademark is "Example One", your SMD will show that you are allowed to register exampleone.TLD or example-one.TLD.
Note: A trademark (e.g., Example One) is converted into specific domain name labels (e.g. exampleone) that are technically valid in the domain name system, according to a set of matching rules applied by the Trademark Clearinghouse. Your SMD may allow you to request the registration of one or more labels (e.g. exampleone and example-one) depending on the name of the trademark submitted.Which information does a SMD file contain?
You can open your SMD file with your favorite text editor (e.g. notepad in Windows or textedit in Mac OS X). At the top of the file, there are five lines that are human-readable (the information in these five lines is also encoded in the SMD FILE). These five lines indicate:
- The Mark this SMD FILE refers to (e.g. Marks: Example One)
- A unique identifier (e.g. smdID: 1-2)
- The labels that you can use to register domain names (e.g. U-labels: example-one, exampleone)
- The start of validity of the SMD file (e.g. notBefore: 2011-08-16 09:00)
- The end of validity of the SMD file (e.g. notAfter: 2012-08-16 09:00)
Between the SMD file boundaries (-----BEGIN ENCODED SMD----- and -----END ENCODED SMD-----) the actual SMD file is encoded. You should not modify your SMD file, as you may render the SMD file invalid. You can send your SMD file by email or attach the contents to a legal agreement.
- the Nice classification (if applicable) and detailed description of goods and services of your trademark [encoded].
- contact information of yourself , if you use a holder account, or contact information of your trademark agent, you are using one [encoded].
The contents of an SMD file are similar to this:
Marks: Example One
smdID: 1-2
U-labels: example-one, exampleone
notBefore: 2011-08-16 09:00
notAfter: 2012-08-16 09:00
-----BEGIN ENCODED SMD-----
PD94bWwgdmVyc2lvbj0iMS4wIiBlbmNvZGluZz0iVVRGLTgiPz4KPHNtZDpzaWdu
ZWRNYXJrIHhtbG5zOnNtZD0idXJuOmlldGY6cGFyYW1zOnhtbDpuczpzaWduZWRN
[...]
cnRpZmljYXRlPgo8L1g1MDlEYXRhPgogICAgPC9LZXlJbmZvPgogIDwvU2lnbmF0
dXJlPgo8L3NtZDpzaWduZWRNYXJrPgo=
-----END ENCODED SMD-----When will my SMD file be available?
Once your trademark record and the Proof of Use have been verified, the SMD file is available within a maximum of 1 hour. Each time any information relating to the trademark record is changed, a new SMD file will be generated. The old SMD file will be revoked and will be no longer valid.How can I download the SMD file via the TMCH interface?
In order to download the SMD file via the web interface you will need to:
- Sign in to your TMCH account.
- Navigate to the "Services" tab.
- Find the trademark record for which you want to download the SMD file (keep in mind that only verified trademark records with valid POU documentation are eligible for SMD generation).
- Click on the file icon in the SMD column.
- Your browser will then download the SMD file.How to Download an SMD file: Step by Step Process
How to Download an SMD file: Step by Step Process
Step 1: You first need to log in to your TMCH interface. Once logged in, you will be redirected to the "Mark Overview" page
Step 2: Click on the "Services" tab (between the "Marks" tab and the "Cases" tab).
Step 3: Click on the "Standard Services" button
Step 4: The "Services Overview" table is divided into two columns: the "Mark" column and then the "U-label" column.
Step 5: In the "U-label" column, you have the labels associated with your trademark, a file icon, and On/Off buttons related to the Sunrise Service and claims.
Step 6: Click on the file icon and your browser should download the SMD file instantaneously.When does my SMD file expire?
Every time a trademark record is renewed or updated based on new information, a new SMD file is generated.
The new SMD file is valid from the moment it is generated and it expires the moment the trademark record in the Clearinghouse expires.What happens when I do not renew in time?
If you have failed to renew your trademark record before the mark expiration date, your trademark record will receive the 'expired' status and you will no longer be able to register in any Sunrise period or receive any notifications. If you still want to benefit from these services after the expiration of the trademark record, you will need to start the registration process again. meaning that you will need to resubmit your trademark information.What is a revocation of an SMD file?
Revocation is the process executed by the Trademark Validator (TMV) to invalidate an SMD file. The revocation may be triggered, for example, when an SMD file has been compromised or when a trademark record is removed from the Trademark Clearinghouse. Once an SMD file has been revoked, the SMD file cannot be used anymore.My SMD file is not available for download even though my record status is "verified" and POU status is "valid", what should I do?
You should first verify that there are labels attached to your trademark record. If this is not the case, you should add them by following the guidance provided support@trademark-clearinghouse.com.If a Parent Company registers trademarks in the TMCH under a subsidiary, will the Parent Company be authorized to use the SMD file to register domain names? Or does the submitting party (either the agent or subsidiary) have to register the domain names?
This will depend on what was agreed upon between the concerned parties. For the Clearinghouse, by agreeing to the terms and conditions, the Trademark Agent will be deemed to have obtained the right to download and use the SMD files of the Trademark Holder. It is then up to the Trademark Agent and Trademark Holder to decide who should register the domain name.How can the registry verify if an SMD file is valid?
A Registry can verify that your SMD file is valid because the ICANN-approved Trademark Validator (TMV) has digitally signed your SMD file.What is the deadline for registering my trademark record in the Clearinghouse in order for me to benefit from registering in a Sunrise period?
There is no deadline, as your trademarks can be registered within the Clearinghouse at any time. However, you can only receive a Signed Mark Data file, which enables you to request a Sunrise registration, once your trademark record has been verified.Can I benefit from the priority registration during a sunrise period offered by a new gTLD for a trademark which is not registered within the Clearinghouse?
No, it is not possible to register a domain name matching your trademark during a Sunrise period without the SMD file (Signed Mark Data). This file will be provided to you by the Clearinghouse once your trademark record has been verified.Can two or more identical trademarks be registered in the Clearinghouse? Who will be able to register the corresponding domain name during a Sunrise period?
Both trademark records, if eligible, will be able to participate in the Clearinghouse. The registry will decide how they want to accept the identical domain name applications (e.g. first come, first serve, auction, other criteria).What is the Claims Period?
During at least the first 90 days of General Availability, each TLD must hold a mandatory Claims period and thus provide the Claims Service. The Claims Service provides notices to potential domain name registrants that the domain they are seeking to register matches a label in the Trademark Clearinghouse. If the registrant decides to register the domain name, the Trademark Clearinghouse will notify the applicable Trademark Holder of the domain name registration.How does the Trademark Claims Service work?
The Trademark Claims service will be provided for the first 90 days of general availability when a TLD launches. The Clearinghouse will notify the Trademark Agent or Holder when a third party registers a domain name that is identical to their trademark record registered and verified in the Clearinghouse.In which chronological order do the Sunrise and Trademark Claims period take place?
The Sunrise period occurs during the pre-launch phase whereas the Trademark Claims period occurs during the initial launch period of a new gTLD. Chronologically speaking, the Sunrise period occurs before the Trademark Claims period.I have received a trademark claims notification. What should I do next?
You should then determine what the most appropriate steps are to take depending on your intellectual property strategy. You can, for instance, contact your lawyer in order to determine if the mentioned website is indeed infringing your rights and if so, whether you should file a UDRP case or a URS case. WIPO offers an overview of all the Right Protection Mechanisms linked to the New gTLD Program.Will I be notified through the Trademark Claims service if someone applies for a domain name matching my trademark registered in the Clearinghouse?
You will receive a Trademark Claims notification only when a domain name matching your trademark is registered, not when an application is submitted. If the applicant decides against registering the domain name after receiving the notification about your trademark record, you won't be notified.What is the ongoing notification service?
Following the 90-day Trademark Claims Period for each new gTLD, the Clearinghouse offers an ongoing notification service. Trademark holders will be notified indefinitely whenever someone has activated a domain name in a new gTLD that matches a trademark registered and verified in the Clearinghouse, beyond the original 90-day period. Note that indefinitely means for the period (1 year, 3 years, or 5 years) the trademark record is registered for. The Ongoing Notification Service is available for all new gTLDs including most of the legacy TLDs such as .COM, .NET and .ORG and allows for variations.How does the ongoing notification service function?
Whenever someone has activated a domain name in a new gTLD that exactly matches a term that is recorded in the Trademark Clearinghouse, the trademark holder will receive an e-mail informing him/her of this domain name activation so that he/she can take the necessary steps. It comes at no additional cost. The service is non-mandatory, leaving each Trademark Holder or Agent to decide whether they wish to activate it. The service lasts indefinitely during the duration of their trademark record registration within the Trademark Clearinghouse.What does Domain Name Activation mean?
Ongoing notifications will be sent out whenever a matching domain name is activated meaning that the domain name has been added to the zone file and that nameservers have been linked to the domain name. However, this does not mean that the domain name is being used as such.Will potential domain name registrants receive a claims notice when attempting to register a domain name that matches the name of a trademark recorded in the Clearinghouse during the Ongoing Notifications period?
Potential domain name registrants will not receive a claims notice when attempting to register a domain name that matches the name of a trademark recorded in the Clearinghouse during the Ongoing Notifications period. That warning notice will only be sent out during the original Trademark Claims Period. However, you, as a Trademark Holder or Agent, will be notified when the domain name is registered in a New gTLD.To which email address are the notifications sent?
Notifications are sent to the email address provided in the contracting information at the time of your registration within the Trademark Clearinghouse.Can a Trademark Agent use several email addresses in order to receive the notifications from the Clearinghouse?
Yes, once the account has been created and approved, an Agent can list multiple e-mail addresses that can receive different kinds of notifications. You can find this option by navigating to "My account".As a Trademark Agent, will I be the only one receiving notifications from the Clearinghouse?
Yes, as a Trademark Agent, you will be receiving all the notifications on behalf of your Trademark Holder(s). The Trademark Holders acting through a Trademark Agent will not receive notifications directly from the Clearinghouse.
However, the Trademark Clearinghouse can forward Notifications of Registered Name (NORN) (sunrise and claims notifications) and ongoing notifications directly to the e-mail address of the holder listed the mark record. This service can be activated when submitting the mark record or later on by navigating to the mark record via the "Marks" tab and activating the service in the "Services" section.
To activate the service, a one-time fee of $10 will be charged to your account. The service can be deactivated or re-activated without added cost, for the duration that the mark record is protected within the TMCH. The notifications will be sent to the holder e-mail address at the same time the notifications are send to the Trademark Agent e-mail address. However, they will be filtered based on the mark name for which the service was activated.
Please note that this service can not be activated with accounts that have enabled the API. Hence, you will first need to disable the API via the "My Account" interface.
For detailed information on how to activate this service, please refer to the manual on the subject.How can the holders I represent automatically receive notifications generated by the TMCH?
The Trademark Clearinghouse can forward NORN (sunrise and claims) and ongoing notifications directly to the e-mail address of the holder in the mark record. This service can be activated when submitting the mark record or later on by navigating to the mark record via the "Marks" tab and activating the service in the "Services" section.
To activate the service, a one-time fee of $10 will be charged to your account. The service can be deactivated or re-activated without added cost, for the duration that the mark record is protected within the TMCH. The notifications will be sent to the holder e-mail address at the same time the notifications are sent to the Trademark Agent e-mail address. However, they will be filtered based on the mark name for which the service was activated.
Please note that this service can not be activated with accounts that have enabled the API. Hence, you will first need to disable the API via the "My Account" interface.
For detailed information on how to activate this service, please refer to the manual on the subject.I have received an e-mail notification from the Clearinghouse, what do I need to do?
The Clearinghouse sends out an e-mail notification that provides you with an overview of the different statuses of your trademark records.
Your trademark record can be (1) "verified" which means that no further action will be requested from you (unless the Proof of Use is on "incorrect"), (2) "incorrect" which means that you will be able to correct the trademark record and (3) "invalid" which means that you have already used your chance to correct the trademark record and are no longer able to correct it without buying an additional correction (only available to prepaid accounts) or alternatively you can submit the trademark record again.If different Trademark Holders or Trademark Agents have two identical trademarks registered in the Clearinghouse, when will they be informed?
The Trademark Holders or Trademark Agents will only be notified when another party registers a domain name matching the name of their trademark during a sunrise period or a trademark claims period, provided that they opted for Sunrise Service or trademark Claims Service.If I decide to register my record for three (3) or five (5) years, will I receive notifications concerning the annual reverification of my trademark record?
If you register your record for three (3) or five (5) years, you will only receive a notification in the event the verification agents of the Clearinghouse require further clarification with regards to the information as submitted in your trademark record.Why can I see my trademark record in the Mark tab but not in the Services tab.
This occurs if you forgot to add labels when you changed the name of the trademark. Please submit a ticket to our customer support system and we will change the status of your trademark record in order to enable you to add the labels. You can raise a ticket by clicking on "Get support" on the TMCH interface or by sending an email to support@trademark-clearinghouse.com.API (Automated Interface)
How can I connect to the API?
To connect to the API v2, only 2 modifications are needed once you already have a working client for the API v1:
Port number:
In order to access the API v2 you will need to adjust the port number you connect using TCP/TLS to: "api.trademark-clearinghouse.com:" for the PRODUCTION environment and "ote-api.trademark-clearinghouse.com:7701" for the OT&E environment respectively
Header
In order to successfully communicate with the API v2 you will need to change 1 section of the header. For API v1 the header mentions "tmch-1.0", to connect to the API v2 this text needs to be changed to "tmch-1.1" By making these small changes you will already be able to connect to the API v2 and make use of the enhancements. Please be aware that if you would like to submit Abused Domain Name Labels via the API v2 further modifications are necessary. For a detailed overview of the API v2 please refer to: TMCH API2 Documentation & XSD
Can I test the API before registering?
Yes, access to the test (OT&E) environment for API is possible once you are a registered Trademark Clearinghouse Agent.
After your account has been verified, you can request your OT&E credentials by raising a Support ticket on our dedicated Customer Support System. To do this, click on "Get support" on the TMCH interface or send an email to support@trademark-clearinghouse.com. You will receive your OT&E credentials and the necessary URLs to access both the OT&E web interface and the OT&E API interface.
Please refer to our detailed manual on how to use the OT&E environment.What do I have to configure in my account in order to get access to the API (PROD and OT&E) environment?
After your Trademark Agent account has been verified and you have received your credentials for the production environment, you need to request your credentials for the OT&E environment. You can do this by creating a ticket in our dedicated Customer Support System, either by clicking on "Get support" on the TMCH interface or by sending an email to support@trademark-clearinghouse.com. After receiving your credentials for the OT&E environment, you need to whitelist your IP address in order to access both environments.
The procedure is the same for production and OT&E environment but must be performed on both environments:
Sign in to the environment where you wish to add or update the IP address.
Select "My account".
Select "API settings".
Enter the IP address you wish to whitelist (IPv4).
Select "Update API Settings".
Please note that it may take up to 30 minutes before the IP address is whitelisted.How many connections are allowed from the whitelisted IP address on the production environment and OT&E?
On the production environment and OT&E, there currently is a limit of 2 connections from the whitelisted IP address linked to your account.How can I test the UPDATE command on the API test environment (OT&E)?
Please refer to our documentation on the API commands for detailed information.How can I trigger the automated status change on OT&E for mark records in non-latin script
In order to trigger the automated status change for mark records in non-latin script on the OT&E interface, you can use the following number codes for trademark records, POU, UDRP Cases and Labels:
- valid (1000)
- invalid (2000)
- incorrect (3000)
The number codes can also be used for mark records in latin script, but the original triggers will also work. Please refer to the OT&E documentation, in the Downloads section, for more detailed information.How can I POLL for changes via the API?
he actual code for the polling commands can be found in the API documentation available in the Downloads section of our website.
Polling will allow you to receive and acknowledge messages regarding the following events:
- Notifications on changes.
- Notifications on claims.
- Notifications on SMD creation.
- Additional: watermark messages.
Notifications contain the following elements:
A counter that shows how many poll messages are in your queue.
The ID of the current message (the message that is displayed).
The POLL messages, each preceded by the message type unique identifier:
102 Proof of use (POU) is expired
103 Proof of use (POU) has been verified and approved
104 Proof of use (POU) has not been approved and invalidated
105 Proof of use (POU) is not approved. Further attention needed
107 Mark certificate expired
123 Mark record has been verified and approved
124 Mark record is not approved. Further attention needed
126 Mark record has not been approved and invalidated
127 Mark record has not been corrected within 20 days and invalidated.
134 Exception: validator still needs more info to approve mark
137 Mark record expired
138 Mark record has been deactivated
146 Correction period expired
148 Mark record has been deactivated
154 Exception : user request to re-edit after changes
164 Exception : mark record can be re-edited
190 POU will expire soon ($d days notice)
191 Mark certificate will expire soon ($d days notice)
196 Warning : Mark record about to be invalidated due to INCORRECT status time-out
197 Your mark record is about to expire ($d days notice)
199 Mark record transferred out/SMD has been revoked
210 The domain name [$dn] was registered during sunrise
220 The domain name [$dn] was registered during claims period
230 The domain name [$dn] has been activated
240 The domain name [$dn] has been registered in the Qualified Launch Program
251 The variant name [$dn] has been activated
310 SMD has been created
320 SMD has been regenerated
330 SMD has been revoked
400 Account status has gone below watermark level ($level)
500 UDRP/Court case status change
The ID of the Trademark Record the poll message is referring to.
The name of the Mark Record the poll message is referring to.
If the current poll message has been processed, you will need to send an acknowledgement. In the acknowledgement command you will need to use the ID of the current message, in order to de-queue the message and receive the next message.
In addition to the abovementioned notifications, a poll request can also provide you with a watermark message, if your pre-paid amount has gone below $1000.
Watermark messages contain the following elements:
A counter that shows how many poll messages are in your queue.
The ID of the current message (the message that is displayed).
A message preceded by the message type unique identifier: "400 Account status has gone below watermark level"
You will also have to de-queue this message with an acknowledgement command in order to receive the next message.
Polling is available on both the production and OT&E environment.
In addition to this, the API v2 also automatically adds the number of poll messages pending in the responses that the API sends out.Why are poll messages removed from my poll queue without my knowledge?
Poll messages are not stored in the poll queue indefinitely. Depending on the age and type of messages, they will be removed from the poll queue and sent via mail to the e-mail address linked to your account. This is a safety mechanism to ensure our API users are kept informed of changes to their trademark records and notifications, should there be an issue with connecting to the API interface.
Poll messages for API users are converted to e-mails under these circumstances:
- At 12PM UTC, an automated job runs and will check if you have any poll message in your queue older than 12 hours. If so, the old poll messages will be removed and sent via e-mail.
- Every hour, an automated job runs that will check if you have poll messages related to prepaid watermark levels, older than 12 hours. If so, they will be removed from the poll queue and sent via e-mail.
- Every 4 hours, a job will check for Claims or Sunrise notifications (NORNs) that are older than 1 hour. They will be removed from the poll queue and sent via e-mail, according to the ICANN requirements.How can I view the comments made by a validator on my trademark record?
You will be able to retrieve comments added by a validator to your trademark record, via the INFO command. Please refer to our documentation on the API commands for more detailed information, available in the Downloads section.How can I change the name of the mark via the API?
Please be aware that changes to trademark records (other than uploading a Proof of Use document or adding/removing labels) are only possible when the trademark record has been assigned the "incorrect" status.
To update the name of a mark, you need to follow the next steps in the exact order and in separate commands:
Update the name of the mark (and other fields if necessary) by using the command as described in our manual. After executing the command to change the name of the mark, the existing labels attached to the trademark record will be automatically removed (Note: This is not an action, it will be done automatically).
Add the labels you want, if any, to the trademark record (if you do not perform this step, no labels will be attached to the trademark record) The number of labels you can attach to the trademark record is either the number of labels originally attached to the trademark record, or 10 labels. Whichever amount is the largest. Keep in mind that adding labels is not possible when a trademark record is being verified or when it is expired.
Please refer to our documentation on the API commands for more detailed information.What is the correct formatting for the trademark record ID (handle)?
On the OT&E, the trademark record ID should start with a unique ID formatted in 6 digits left padded with zeros, followed by a string of digits (up to 54 digits) and ending in "-1". To retrieve this unique ID you will need to use the CREATE command with a random ID and the subsequent error message will tell you the correct format.
On the production environment, the trademark record ID should start with the provided User-id (without the "u" )formatted in 6 digits left padded with zeros, followed by a string of digits (up to 54 digits) and ending in "-1".
Please refer to our documentation on the API commands for more detailed information.How should we handle the case of "N/A" in the API for description of goods and services?
In the API, class 46 stands for "Not Applicable" or "N/A". If you have a registered trademark that does not follow the Nice classification, you can indicate this by using class 46.How can I retrieve the SMD file for a trademark record via the API?
You can retrieve SMD files with the special INFO command as described in the API Documentation available on our website.How can I update the smdInclusion flags?
Please be aware that the SMD Inclusion flag can only be set when a Proof of Use document has been uploaded (this can be done at any time except if the Mark record is being verified or is expired).
When enabling or disabling the smdInclusion flag(s) you need to follow the next steps in the exact order, in separate commands:
- Remove the label(s).
- Add the label(s) again with the smdInclusion flags enabled or disabled.
More specifically, to do this please send an update command with a section to delete the specific label(s) followed by an update command to add the label(s) again with the appropriate flags set.
This procedure is relevant for the API v1. For the API v2 a simple update command can be used.Can we submit documents (e.g. trademark certificate or Proof of Use) via the EPP system or are they running via a separate FTP system or similar?
Please see the API documentation for more information on how documents need to be sent through the API.How can I add a label in the CREATE command via the API?
The detailed commands to execute the CREATE command can be found in our documentation on the API commands.
Additionally if you want to create a trademark record with one or multiple labels attached you will need to use the aLabel(s) in the CREATE command, uLabel is not permitted and will be automatically generated based on the aLabel.How can I add IDN labels in the CREATE command via the API?
he detailed commands to execute the CREATE command can be found in the API documentation.
Additionally, if you want to add an IDN label, you will need to convert this label to puny code and use the aLabel(s) in the CREATE command. uLabel is not permitted and will be automatically generated based on the aLabel.How can I check which labels qualify as an identical match in accordance to the matching rules?
A URL to generate labels for registered trademarks can be found below:
secure.trademark-clearinghouse.com/tmch/public/labels?name=&jurisdiction=
For marks protected under statute or treaty and court validated marks, the URL can be found below:
secure.trademark-clearinghouse.com/tmch/public/labels?name=&country=
For example: https://secure.trademark-clearinghouse.com/tmch/public/labels?name=test@test&country=US will generate:
testtest
test-test
testattest
If your trademark contains an IDN character you will have to enter the puny code version of the label in the API create commands. You can use the following url in order get a preview of the puny code versions labels that would be accepted for a trademark:
A url to generate labels for registered trademarks can be found below:
secure.trademark-clearinghouse.com/tmch/public/labels?name=&jurisdiction=&enc=a
For marks protected under statute or treaty and court validated marks can be found below:
secure.trademark-clearinghouse.com/tmch/public/labels?name=&country=&enc=a
For example: https://secure.trademark-clearinghouse.com/tmch/public/labels?name=t?st@test&country=US&enc=a will generate:
xn--tsttest-bya
xn--tst-test-b1a
xn--tstattest-b4a
*Fields , and must be filled in by the users (omitting the ''). For a list of jurisdictions and country codes, please refer to the API documentation Annexes available on our website's download section.Will I be able to submit abused labels via the API?
Yes, you can submit Abused Domain Name Labels via the API.Registrars
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.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.
