A centralised database has been established by the Internet
Corporation for Assigned Names and Numbers (ICANN)
to assist brand owners to protect their trade marks after the
recent expansion of available generic top-level domain names
here to view a previous DibbsBarker article on gTLDs for more
The database, known as the Trademark Clearinghouse, went live on
26 March 2013.
Although the deadline to oppose new generic top-level domains
(e.g. "car") has now passed, domain names under the new
gTLD extensions (e.g. "cadillac.car") will soon become
available for registration.
By submitting trade mark information to the Trademark
Clearinghouse, trade mark owners will have access to two brand
Sunrise service: for a period of 30 days
before domain names under new gTLDs are offered to the public,
trade mark owners will be able to safeguard domain names identical
to their trade mark.
Claims service: a notification service warning
domain name applicants where an applied-for domain name matches a
trade mark in the Clearinghouse. Trade mark owners will receive a
notification if the applied-for mark continues to
These mechanisms are designed to assist brand owners in
protecting their trade marks from infringement in new domain name
registrations and to prevent cybersquatting activities.
For brand owners wishing to benefit from the Sunrise and Claims
services, the official fees for submitting a trade mark
registration in the Trademark Clearinghouse will be US$150 for 1
year, US$435 for 3 years and US$725 for 5 years.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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A recent Federal Court decision highlights the need for employers to ensure that as well as clearly setting out the duties of employment, employment contracts also include a comprehensive assignment of all intellectual property rights, if the employer is to be assured that all rights in the intellectual property in materials created by employees are owned by the employe
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