Since the introduction of over 1,000 new generic top-level domains (gTLDs), trademark owners are facing new challenges, such as abusive registrations, cybersquatting, and phishing scams. The Trademark Clearinghouse (TMCH) acts as the first line of defence for brand protection.
The TMCH offers several key benefits. One is the Sunrise Service, which allows trademark owners to register their desired domain names before they are available to the general public. Another is the Trademark Claims Service, which notifies trademark owners when a domain name matching their TMCH marks is registered. By registering trademarks in the TMCH, owners receive ongoing notifications, enabling immediate action against potential infringements, and helping to prevent cybersquatting, thereby reducing associated costs and risks.
Created by ICANN in 2013 as part of the new gTLD initiative, the TMCH is a critical mechanism for domain trademark protection. It serves as a global repository of authenticated information from trademark holders, allowing them to register for TMCH before or during the release of new gTLDs for protection. Essentially, the TMCH is a database of registered trademarks that checks against domain name registrations to provide early warnings of potential trademark abuse and cybersquatting.
When new top-level domains are launched, the TMCH allows brand owners to register their brand under these domains before anyone else. It monitors new domains and cross-references them with registered brands, notifying trademark holders when matching domain names are being registered. Used by over 10,000 global brands, the TMCH offers significant protection against domain abuse in new domain extensions. Even brands not intending to register new domain names can benefit from TMCH, as it provides a robust first line of defence for brand protection.
The TMCH also allows companies and individuals to register their existing trademarks in its database, notifying them of any new domain registrations in .com and over 1,000 other TLDs that match their trademark terms and variants. This enables immediate action against potentially infringing domains.
Brand validation by the TMCH has two primary benefits: participation in the Sunrise periods of new gTLDs and the use of the Trademark Claims Service. Licensees can also submit trademarks to the Clearinghouse, needing to provide a license declaration.
During the launch of a domain extension, all new gTLDs have a limited registration phase known as a Sunrise period, typically lasting 60 days. During this period, brand owners with trademarks lodged in the TMCH can register their trademarked terms as domain names before they become available to the public. Upon registration in the TMCH, the brand owner is issued a Signed Mark Data (SMD) file, a unique authorisation file that allows domain name registration during the sunrise period.
Once a TLD enters its General Availability (GA) phase, domain names can be registered by anyone. BrandShelter’s Trademark Clearinghouse service offers early warnings of possible IP infringement for brand holders. Whenever a domain name in a new gTLD matching a registered TMCH mark is activated, the trademark holder receives a notification email to take quick action to minimise brand risk.
The TMCH’s ongoing notifications service provides early visibility of potential trademark infringement. It continues to notify trademark holders of potential intellectual property infringements whenever a domain name matching the Ongoing Notifications Labels in the Trademark Clearinghouse is activated. Additional variation labels can be added to increase coverage. This service covers all new gTLDs and new .com registrations, making it a cost-effective solution for rights owners.
Through the Trademark Claims Service, information is sent to the TMCH registrant and trademark owner whenever there is an attempt to register a domain with a corresponding TMCH registration during the minimum 90-day Trademark Claims Notification Period, which has been extended indefinitely. This ongoing notification system and SMD file authorisation help prevent cybersquatting, reducing costs and brand risks for trademark owners.
Team Internet plc (LON:TIG) – formerly CentralNic – is a global internet solutions group headquartered in London. Leveraging world-class technologies and industry leading teams, they have been transforming the way organisations, brands, publishers and consumers connect and thrive online.
