Starting March 26th, 2013, in accordance with the most recent
Trademark Clearinghouse Guidelines published in February 2013,
owners of registered trade-marks, certain court validated common
law marks and marks protected by statute or treaty may begin
registering those marks in the Trademark Clearinghouse. The
Trademark Clearinghouse is a central repository for information to
be authenticated, stored, and disseminated, pertaining to the
rights of trade-mark holders. The Trademark Clearinghouse has two
primary functions: (i) authentication and validation of the
trade-marks in the Clearinghouse; and (ii) serving as a database to
provide information to the new gTLD registries to support
pre-launch sunrise or trade-mark claims services.
Registration of your company's valuable brands in the
Trademark Clearinghouse is a proactive step to protect your brands
online as the domain space expands with the new generic top level
domains (gTLDs). Registration in the Trademark Clearinghouse will
provide your company with the following key advantages:
Claims Notification: Rights holders that have
registered trade-marks in the Trademark Clearinghouse will be
notified if a party attempts to register a second level domain that
is identical to one of their marks. Is there recognition in the
relevant sector of the public of the mark corresponding to the
gTLD, as the mark of your organization, of the gTLD applicant or of
a third party?
Participation in Sunrise Periods: Registration
in the Trademark Clearinghouse provides a rights holder with the
exclusive ability to take advantage of registration of domain
names, corresponding to the marks they have registered in the
Trademark Clearinghouse, in the new gTLDs prior to those domains
being made available to the public.
The fees for registration are currently $150 for one year, $435
for three years and $725 for a five year registration, bulk
registrations may also be subject to discount pricing. Included in
the registration fees charged by the Trademark Clearinghouse is
linking of domain names to registrations, trademark claims
notification services and the option to opt in or out of sunrise
Registration in the Trademark Clearinghouse is a proactive step
your company can take to protect its trade-marks online.
A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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