After nearly a year of processing, ICANN, the world authority on the subject
of domain names, has communicated recently than during this year
several of the more than 1.900 new domains (popularly known as extensions and
technically as gTLDs) requested within the liberalization process
carried out by this organization.
of domain names, has communicated recently than during this year
several of the more than 1.900 new domains (popularly known as extensions and
technically as gTLDs) requested within the liberalization process
carried out by this organization.
In this way, compared to traditional domain names composed of
extensions like <.net> or <.com> (for example either
), there will be the possibility – as long as the
requirements demanded in each new case - of registering domain names in
extensions like <.madrid> or
<.bar> (for example either ),
thus significantly expanding the existing possibilities.
extensions like <.net> or <.com> (for example either
), there will be the possibility – as long as the
requirements demanded in each new case - of registering domain names in
extensions like <.madrid> or
<.bar> (for example either ),
thus significantly expanding the existing possibilities.
Given the next appearance of these
domain names, ICANN has published that the beginning of the so-called “trademarkclearinghouse", innovative means of protection for trademark owners,
will take place next March 26.
domain names, ICANN has published that the beginning of the so-called “trademarkclearinghouse", innovative means of protection for trademark owners,
will take place next March 26.
To know more about the “trademark clearinghouse”, and decide what measures to take, we attach below some indications around these four main points:
1. What
Is it the trademark clearinghouse?
Is it the trademark clearinghouse?
2. Advantages
of the “trademark clearinghouse” during the preferential phase of registration of
domain names in new extensions.
of the “trademark clearinghouse” during the preferential phase of registration of
domain names in new extensions.
3. Advantages of the “trademark clearinghouse”
during domain name registration in new extensions. Communications
To thirds.
during domain name registration in new extensions. Communications
To thirds.
4. what
requirements will be required to register a brand in the “trademark
clearinghouse”?
1.- What is the
trademark clearinghouse”?
trademark clearinghouse”?
The “trademark clearinghouse” is a global and centralized repository of
trademarks, in which their owners may request registration of the same
(this registration will be valid for one year, renewable with the same
frequency) in order to obtain a series of advantages regarding its protection against new domains,
focusing these advantages fundamentally on two aspects:
trademarks, in which their owners may request registration of the same
(this registration will be valid for one year, renewable with the same
frequency) in order to obtain a series of advantages regarding its protection against new domains,
focusing these advantages fundamentally on two aspects:
- Facilitate
the owner of the trademarks to benefit from the preferential registration phase for
be able to register their brands as domain names in new extensions. - Facilitate
to the owner of the trademarks the defense of their rights once the new ones
extensions come into operation, by automatically sending
communications to third parties advising them that these above rights exist.
Our
We refer to each of these advantages in more detail below.
We refer to each of these advantages in more detail below.
2.- Advantages of the “trademark clearinghouse” during the
preferential phase of domain name registration in new extensions.
preferential phase of domain name registration in new extensions.
In accordance with the provisions imposed by ICANN, any
new extension in which domain name registration is allowed must
establish a minimum preferential period of 30 days, in which trademark owners can register the names of
domain identical to its previous brands under this new extension (for
example. .
new extension in which domain name registration is allowed must
establish a minimum preferential period of 30 days, in which trademark owners can register the names of
domain identical to its previous brands under this new extension (for
example. .
If a registered trademark
is registered in the “trademark Clearinghouse”, the only documentation that your
owner must provide to justify his rights over the domain name
It will be an authentication code, thus avoiding having to provide documentation
in each preferential registration that is of interest.
is registered in the “trademark Clearinghouse”, the only documentation that your
owner must provide to justify his rights over the domain name
It will be an authentication code, thus avoiding having to provide documentation
in each preferential registration that is of interest.
3.- Advantages of the “trademark clearinghouse” during the
registration of domain names in new extensions. Communications to
third qualified teams.
registration of domain names in new extensions. Communications to
third qualified teams.
In the event that the
trademark owner decides not to register a domain name under a
new extension during the period
preferential, the registration of said trademark
in the “trademark Clearinghouse”
It will also provide advantages for your defense.
trademark owner decides not to register a domain name under a
new extension during the period
preferential, the registration of said trademark
in the “trademark Clearinghouse”
It will also provide advantages for your defense.
In this way, if a third party
will register the domain name identical to its brand under this new extension
During your first 60 days, this third party will be automatically notified of the
prior rights of the owner of the registered trademark.
will register the domain name identical to its brand under this new extension
During your first 60 days, this third party will be automatically notified of the
prior rights of the owner of the registered trademark.
4. What requirements will be required to register a brand in the “trademark?”
clearinghouse”?
clearinghouse”?
Contrary
to other actions related to domain names, for the
registration of a trademark in the “trademark clearinghouse” will not be sufficient to
have a trademark right, but it will also be necessary to prove the
use of the trademark in your jurisdiction.
to other actions related to domain names, for the
registration of a trademark in the “trademark clearinghouse” will not be sufficient to
have a trademark right, but it will also be necessary to prove the
use of the trademark in your jurisdiction.
Author Francisco Salamero
Visit our web page: http://www.elzaburu.com/
