The launch of ICANN's new generic Top Level Domain (gTLD)
program later in 2013 presents various threats and opportunities
for brand owners. To overcome the threats associated with the gTLD
program, trade mark owners should consider the protection offered
by Trademark Clearinghouse (TMCH), which went live on 26 March
In short, the TMCH is an institution designed to protect brand
owners during and post the launch of the gTLD program. The TMCH
will benefit trade mark holders by providing:
Access to Sunrise periods: for 30 days after
the launch of each new gTLD, trade mark holders will be given the
possibility to register second level domain names before they are
offered to the public for registration.
Notifications when a domain name including their trade
mark is registered by a third party: for 60 days after the
end of the Sunrise periods, the new gTLD registry must notify trade
mark owners who have made a TMCH filing if a third party attempts
to register a second level domain identical to the trademark
recorded in the TMCH.
Now is the time for brand owners to consider Clearinghouse
filings as part of their online brand protection strategy. Brand
owners should also consider what second level domains within the
new gTLDS (if approved by ICANN) they wish to register and
determine the key trade marks to be recorded in the TMCH.
DLA Piper is actively advising clients in this area, and would
be happy to assist you with TMCH filings or any legal aspect of the
gTLD rollout. For further information on the TMCH, please click
Should you have any questions in relation to the TMCH or the new
gTLD program, please do not hesitate to contact us.
This publication is intended as a general overview and
discussion of the subjects dealt with. It is not intended to be,
and should not used as, a substitute for taking legal advice in any
specific situation. DLA Piper Australia will accept no
responsibility for any actions taken or not taken on the basis of
DLA Piper Australia is part of DLA Piper, a global law firm,
operating through various separate and distinct legal entities. For
further information, please refer to www.dlapiper.com
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
IP is the legal property in the innovation in your business and it is that which drives your revenue and profit growth.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).