Trademark Clearinghouse (TMCH) Services from EnCirca

PROTECT YOUR TRADEMARKS

The Trademark Clearinghouse (TMCH) was created by ICANN as a repository for new Rights Protection Mechanisms covering new Top-Level-Domains (TLD’s). All new TLD’s will be required to use the TMCH for Trademark Claims and Sunrise Periods. The first phase of ICANN’s new TLD program contains 1300 unique strings.

Eligibility in the TMCH is limited to active registered trademarks from a national or multi-national jurisdiction. Also covered are trademarks validated by a court order or treaty.

We will provide you a complete turn-key service to successfully submit your trademarks to the TMCH and manage them for future Sunrise Periods. You do not need to pre-fund any TMCH account and can instead pay us after successful submission. Our service includes the following:

• Pre-Validation: We search trademark databases to ensure your trademarks are eligible.
• Document Preparation: We make sure you have all necessary documents
• TMCH Submission: We will submit your trademarks and documents
• TMCH Follow-up: We will monitor requests for additional documentation
• Sunrise Tokens: We will manage your Sunrise tokens for you
• Sunrise Alerts: We will alert you when new Sunrises are scheduled
• DPML Services: Determine if the various DPML services are right for you
• Claims Notices: We will alert you when your trademark has generated a claims notice
• Register your trademark as a domain name during Sunrise Periods

Trademark owners may also be declared eligible to participate in any Sunrise Period if they provide a Declaration of Use and a Proof-of-Use specimen for their trademark. Once accepted, they may register during a Sunrise Period for domain names for exact matches of their trademark only.

All Sunrise Periods require that you provide a special token from the TMCH to prove you are eligible to participate in the Sunrise Period. EnCirca will store this token for you and issue it to you upon request.

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Trademark Claims Notices (Exact Watching)

Once a trademark is accepted by the TMCH, it will automatically be enrolled in the Trademark Claims process for all new TLD’s.

Trademark Claims is a 90-day window during the launch of a TLD. Whenever a potential registrant applies for a domain name that matches a trademark in the TMCH, they will receive a message informing them of the existence of the claim.

If the registrant proceeds with the registration, the claimant(s) will receive a notice of the event.

A domain name will trigger a claims notice if it is an exact match or if the domain name was subject to a successful UDRP for the trademark. There are rules for replacing special characters in trademarks into the more limited set of characters allowed for domain names.

WHAT YOU NEED

• A copy of TMCH record (.pdf or .jpeg). Please note that you are only eligible to register domain names during sunrise periods
  that are EXACT MATCHES of your trademark record. This can be found using the uspto.gov’s TESS search engine.
• If your trademark is in a different national jurisdiction, please search in it’s respective database for a copy of it’s public record.
  Signed Declaration Proof of Use (.pdf). For “Name of the Submitting Party”, please enter the Registrant of the
  trademark EXACTLY as if appears on your trademark’s official record.
• Additional Proof of Use (.jpeg). This can be anything that displays your trademark being used commercially in good faith.
  Such as a screenshot of your website, a marketing brochure, or a picture of your store front.
• Please be sure that your Proof of Use displays your trademark CLEARLY and EXACTLY as seen on your official trademark record.
• Any additional words or signage around your trademark will result in a failed application.