Trademark Clearinghouse 27 June 2012
Agenda Introduction • • Current project status • Process and function overview 2
Trademark Clearinghouse • A repository for trademark data supporting rights protection mechanisms offered by new gTLD registries • To be operated by third party via agreement with ICANN • Replaces need for trademark holders to register in many databases as TLDs are launched 3
Trademark Clearinghouse Maintains database of trademark • data • Performs data verification (“authentication” and “validation”) Data supports new gTLD • mandatory rights protection mechanisms (RPMs) • Sunrise (pre-launch) • Trademark Claims (post-launch) 4
Key Design Principles • Limit data exposure Avoid single point of failure in • domain name registration process • Minimize the number of parties interacting • Closeness – parties interact with those closest in the chain Consistency with community- • developed framework in AGB 5
Project Schedule Q4 2011 Q1 2012 Q2 2012 Q3 2012 Q4 2012 Provider Design, Build, Develop TMCH Requirements with the Community - IAG Process and Integration Claims, Sunrise, Auth/Validation, EPP Extensions, Data Issues Provider Testing, Develop TMCH Technical Requirements Training, and Go-Live Launch Provider Secure Provider RFI for Provider Deloitte, IBM, CHIP 6
Project Status: Accomplishments • Engaged provider team of Deloitte, IBM, CHIP • Collected community input on key implementation issues November 2011-Mar 2012 Released draft implementation • model April 2012 http://newgtlds.icann.org/en/about/tra demark-clearinghouse 7
Going Forward • Currently refining technical requirements with the providers • Developing EPP extensions (Registry- Registrar interface) • Clearinghouse-Registry interface engineering mailing list: https://mm.icann.org/mailman/listin fo/tmch-tech • Staged releases and testing will begin in July Launch targeted for October 2012 8
Trademark Clearinghouse Process and Funct ion Overview 9
Verification Process • Trademark record is submitted to the 1. Verification Process 2. Correction Process Clearinghouse through a web interface 3. Registry Support • Record is accessible to a primary 4. User Support verification group 5. Sunrise Services 6. Trademark Claims • Verifications are performed 7. Third Party Dispute • Record is then accessible to secondary 8. Testing Process verification group 10
Verification Process • Information is correct record 1. Verification Process 2. Correction Process becomes active 3. Registry Support • Information is incorrect correction 4. User Support process starts 5. Sunrise Services 6. Trademark Claims 7. Third Party Dispute 8. Testing Process 11
Correction Process • Mechanism for TM holder/agent to 1. Verification Process 2. Correction Process correct initial entry errors at no 3. Registry Support additional cost 4. User Support • TM holder/agent must respond within 5. Sunrise Services 20 days 6. Trademark Claims 7. Third Party Dispute – If no response, record expires 8. Testing Process 12
Registry Support 1. Verification Process • Registries seeking to integrate or using 2. Correction Process the Clearinghouse 3. Registry Support • Assistance and clarification on the 4. User Support services of the Clearinghouse 5. Sunrise Services (including integration testing and 6. Trademark Claims training) 7. Third Party Dispute 8. Testing Process 13
User Support • Any user such as rights holders, agents, 1. Verification Process third parties 2. Correction Process • User Inquiry Template will be available 3. Registry Support in English, Russian, Spanish, French, 4. User Support Arabic and Chinese 5. Sunrise Services • Standard response mode will be email 6. Trademark Claims 7. Third Party Dispute 8. Testing Process 14
Sunrise Services 1. Verification Process 2. Correction Process 3. Registry Support 4. User Support 5. Sunrise Services 6. Trademark Claims 7. Third Party Dispute 8. Testing Process 15
Trademark Claims Service • Domain name applicants receive 1. Verification Process 2. Correction Process notice that a trademark is recorded in 3. Registry Support the Clearinghouse 4. User Support • Trademark holders are notified when a 5. Sunrise Services domain name matching their 6. Trademark Claims (Clearinghouse-recorded) trademark is 7. Third Party Dispute registered. 8. Testing Process 16
Trademark Claims Service 17
Third Party Dispute • Only for disputes encountered in the 1. Verification Process operation of the Clearinghouse 2. Correction Process 3. Registry Support – For example, response to receiving a 4. User Support trademark claims notice 5. Sunrise Services 6. Trademark Claims 7. Third Party Dispute 8. Testing Process 18
Testing Process • 3 planned test releases 1. Verification Process – July: Release 1 functionality for 2. Correction Process Trademark Holder and Agent plus 3. Registry Support Verification functions 4. User Support – August: Release 2 of above, plus 5. Sunrise Services Sunrise Services and Trademark Claims 6. Trademark Claims Services 7. Third Party Dispute 8. Testing Process – September: Release 3 of above, plus Support functions • Feedback sought from test participants 19
Next Steps Test Groups • • Documentation & comments • Registry-Clearinghouse technical implementation mailing list • Outreach, education and communication 20
Thank Y ou
Questions 22
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