The 411 on ICANN New gTLD EBEROs
From ICANN
Marking another milestone in the implementation of the community-developed New gTLD Program, ICANN today announced the selection of three geographically diverse emergency back-end registry operators, or EBEROs. The China Internet Network Information Center (CNNIC), Neustar, Inc. and Nominet were selected to guarantee domain names within a new gTLD continue to resolve in the event of a failure by a new TLD operator.
Emergency back-end registry operators are activated only if a registry operator fails to provide or is unable to sustain five critical registry functions temporarily or in the case of transition from one registry operator to another. Having them in different regions of the world reduces the chance that a natural disaster would affect all three at any one time.
EBEROs mitigate risk that a failed new TLD operator could impact the stability and security of the Domain Name System. However, EBEROs are limited in the services they can provide. For example, EBEROs will maintain critical registry functions but will not provide any additional services that a TLD operator may have offered its customers, such as web hosting or network analytics. The critical functions covered by EBEROs are:
- DNS resolution for registered domain names
- Operation of Shared Registration System
- Provision of Whois service
- Registry data escrow deposits
- Maintenance of a properly signed zone in accordance with DNSSEC requirements
The three selected organizations met stringent technical requirements and demonstrated years of experience in operating domain name services, registration data directory services and extensible provisioning protocol services.
For FAQ on EBEROs go HERE.
April 3, 2013 No Comments
New gTLD Program Posts Next Set of Initial Evaluation Results
From ICANN
ICANN has released Initial Evaluation (IE) results for the next set of applications with priority numbers 31-60. There are 25 applications in this second set that received a passing score. This takes the total number of IDN applications receiving a passing score to 52. ICANN will continue to post IE results weekly, ramping up to 100 results per week by June. Click here to view all Initial Evaluation results.
April 1, 2013 No Comments
New gTLD Program: String Similarity Contention Sets
From ICANN
ICANN has published the contention sets identified by the string similarity review for applications submitted as part of the New gTLD Program. Review the full list of contention sets here: PDF [162 KB], CSV [65 KB] or from the Applicants’ Corner page on the new gTLD microsite.
Overall statistics about Contention Sets
- 2 Non-Exact Match Contention Sets
- .hotels & .hoteis
- .unicorn & .unicom
- 230 Exact Match Contention Sets
- 754 Total Applications in contention
The Current Application Status page on the new gTLD microsite will be updated to reflect these contention sets.
Get the full skinny HERE.
February 27, 2013 No Comments
ICANN’s Trademark Clearinghouse Coming Soon!
From ICANN
On 26 March 2013, ICANN will unveil a global repository for trademark data, the first of its kind in the domain name space. The Trademark Clearinghouse will enable companies and individuals to protect their trademarks, while new generic Top-Level Domains are introduced into the Domain Name System. Rights holders whose trademark information has been verified by the Clearinghouse will have the opportunity to participate in a set of services designed to help protect their rights.
Trademark Clearinghouse Structure
Clearinghouse operations are divided into two functions:
- Trademark Validation
Beginning 26 March 2013, rights holders can submit trademark data at http://trademark-clearinghouse.com. Deloitte Enterprise Risk Services is responsible for verifying these trademark submissions. - Database Administration
ICANN is working with IBM on management of the Trademark Clearinghouse database, including provision of relevant data to new gTLD registries and registrars for Sunrise and Trademark Claims services. These systems are anticipated to be operational later in 2013.
Benefits of Inclusion in the Trademark Clearinghouse
Rights holders that register their marks with the Clearinghouse will receive:
- Access to Sunrise Registration
The Sunrise period allows eligible trademark holders the opportunity to register their marks as domain names in advance of the general public. - Notification of Registration
During Sunrise and Claims periods, the Trademark Clearinghouse will alert rights holders when a domain name is registered that matches the rights holder’s mark in the Clearinghouse.
For the full skinny go HERE.
February 26, 2013 No Comments
Expert Working Group on gTLD Directory Services Members Selected
From ICANN
The Expert Working Group on gTLD Directory Services (EWG) is the first step in fulfilling the ICANN Board’s directive to help redefine the purpose and provision of gTLD registration data. This project is designed to provide a foundation for the creation of a new global policy for gTLD directory services, and requisite contract negotiations, as appropriate.
See the full skinny HERE including profiles of selected members.
February 15, 2013 No Comments
A Sexier ICANN New gTLD Info Page
From ICANN
Applied-for names, application status, objection procedures, trending topics, the new timeline, Webinars: all the info available right now on the juggernaut that is the launch of the New gTLDS making it’s way though the birth canal of hope, process and concern is right HERE in a pleasing and dynamic presentation.
February 14, 2013 No Comments
Trademark Clearinghouse FAQs
From our friends at Com Laude:
1. What is the Trademark Clearinghouse?
The internet is changing. ICANN, which administers the domain name system is running a process that will see the creation of nearly 1400 new registries. As part of the process, it has mandated the creation of a Trademark Clearinghouse (TMCH), for which ICANN has appointed Deloitte as validator and IBM as the technical operator.
The Trademark Clearinghouse (TMCH) is a database of verified trademark information. The TMCH will allow trademark owners to deposit their trademark information into one centralized system for one fee, rather than with each of potentially hundreds of individual registries during their sunrise periods.
2. Why should I register?
Registration in the TMCH is important for brand owners because it is the central platform for cost-effective participation in:
1. Sunrises (a period during which a trademark owner can apply to a new gTLD registry to obtain a domain name matching its trademark) and;
2. Trademark Claims Service (whereby a trademark owner is notified by the TMCH of any registrations matching its marks in any new gTLD).
When the new gTLD registries launch, they must link to the TMCH for a minimum period of 30 days for the Sunrise and for a minimum of 60 days for the Trademark Claims service.
3. When do I need to act?
The TMCH will begin to accept marks in February 2013.
4. What trademarks should I register?
We suggest that you select the trademarks that you put into the TMCH based on the following considerations:
• Which marks are registered and in force in your key markets?
• Which marks are vital to your online presence?
• Which marks are sensitive to infringement and/or abuse in these markets?
• Consider the registry requirements for Open Restricted registries you are interested in.
• Review the terms you frequently register across existing TLDs and identify those which you want to protect.
We can assist you identify the right marks to submit into the TMCH.
5. Eligibility
To be eligible for inclusion in the TMCH, a trademark must be one of the following:
1. Nationally or regionally registered;
2. Validated by a court of law;
3. Protected by a statute or treaty; or
4. Some “other mark” constituting intellectual property (IP). ICANN has indicated that “other marks” may also be included provided that they can be represented within and verified by the TMCH.
In addition, it must be a ‘word mark’, although Deloitte have stated they may accept figurative and device marks. As we await confirmation we recommend that you remain conservative with what you submit in order to avoid the risk of your registration failing.
6. What marks won’t the TMCH accept
• Any mark starting with a dot (.) or containing a dot.
• Any IP rights which cannot be represented within the technical limitations of the Domain Name System (e.g. patents and designs)
7. Proof of use
In order to receive Trademark Claims notifications, no proof of use has to be submitted.
To participate in Sunrises, a trademark owner must also provide proof that the trademark is in use. Proof of use will be re-verified every five years.
Proof of use requires the provision of:
1. A signed declaration.
2. A sample of use. Deloitte has given some initial guidance on what is an acceptable sample:
8. Official Cost
The official fees charged by Deloitte for placing one trademark in the TMCH using an agent are $145 for 1 year, $435 for 3 years and $725 for a 5 year registration. Renewal of an expiring TMCH registration may be as much as another $150 per year.
9. Who is running the TMCH?
Validation of marks for entry into the TMCH will be undertaken by Deloitte Belgium, which has a contract to be the exclusive provider of validation services for the first 10 new gTLD Sunrises.
The technical operator of the TMCH is IBM who will receive validated marks from Deloitte and, in the future, other validation providers. IBM is currently negotiating a contract with ICANN that is likely to include multiple Statements of Work and High Availability service levels.
10. Who retains rights to the IP?
ICANN will retain all rights in the IP in the TMCH and will be undertaking a monitoring program to ensure that windfall profits are not made by either provider.
11. What can I register as a domain name?
A domain registration is limited to exact match of a domain name to an eligible word mark. During the trademark’s registration, the TMCH will automatically generate a list of matching domain names based on ICANN’s Domain Name Matching Rules.
As is customary in Sunrises, spaces and punctuation such as asterisks or exclamation marks in the trademark may be omitted or replaced with hyphens in the domain name. In addition, the ‘&’ and ‘@’ symbols may be transcribed as ‘and’ or ‘at’ in the language(s) of the relevant trademark jurisdiction.
Up to 10 permitted matching domain names are included in the price of a trademark registration in the TMCH. For each additional domain name, an additional fee will be charged by Deloitte. The fees are as follows: $1 for 1 year, $3 for 3 years and $5 for 5 year registrations.
For more information go HERE.
February 11, 2013 No Comments
Trademark Clearinghouse FAQs
From our friends at Com Laude:
1. What is the Trademark Clearinghouse?
The internet is changing. ICANN, which administers the domain name system is running a process that will see the creation of nearly 1400 new registries. As part of the process, it has mandated the creation of a Trademark Clearinghouse (TMCH), for which ICANN has appointed Deloitte as validator and IBM as the technical operator.
The Trademark Clearinghouse (TMCH) is a database of verified trademark information. The TMCH will allow trademark owners to deposit their trademark information into one centralized system for one fee, rather than with each of potentially hundreds of individual registries during their sunrise periods.
2. Why should I register?
Registration in the TMCH is important for brand owners because it is the central platform for cost-effective participation in:
1. Sunrises (a period during which a trademark owner can apply to a new gTLD registry to obtain a domain name matching its trademark) and;
2. Trademark Claims Service (whereby a trademark owner is notified by the TMCH of any registrations matching its marks in any new gTLD).
When the new gTLD registries launch, they must link to the TMCH for a minimum period of 30 days for the Sunrise and for a minimum of 60 days for the Trademark Claims service.
3. When do I need to act?
The TMCH will begin to accept marks in February 2013.
4. What trademarks should I register?
We suggest that you select the trademarks that you put into the TMCH based on the following considerations:
• Which marks are registered and in force in your key markets?
• Which marks are vital to your online presence?
• Which marks are sensitive to infringement and/or abuse in these markets?
• Consider the registry requirements for Open Restricted registries you are interested in.
• Review the terms you frequently register across existing TLDs and identify those which you want to protect.
We can assist you identify the right marks to submit into the TMCH.
5. Eligibility
To be eligible for inclusion in the TMCH, a trademark must be one of the following:
1. Nationally or regionally registered;
2. Validated by a court of law;
3. Protected by a statute or treaty; or
4. Some “other mark” constituting intellectual property (IP). ICANN has indicated that “other marks” may also be included provided that they can be represented within and verified by the TMCH.
In addition, it must be a ‘word mark’, although Deloitte have stated they may accept figurative and device marks. As we await confirmation we recommend that you remain conservative with what you submit in order to avoid the risk of your registration failing.
6. What marks won’t the TMCH accept
• Any mark starting with a dot (.) or containing a dot.
• Any IP rights which cannot be represented within the technical limitations of the Domain Name System (e.g. patents and designs)
7. Proof of use
In order to receive Trademark Claims notifications, no proof of use has to be submitted.
To participate in Sunrises, a trademark owner must also provide proof that the trademark is in use. Proof of use will be re-verified every five years.
Proof of use requires the provision of:
1. A signed declaration.
2. A sample of use. Deloitte has given some initial guidance on what is an acceptable sample:
8. Official Cost
The official fees charged by Deloitte for placing one trademark in the TMCH using an agent are $145 for 1 year, $435 for 3 years and $725 for a 5 year registration. Renewal of an expiring TMCH registration may be as much as another $150 per year.
9. Who is running the TMCH?
Validation of marks for entry into the TMCH will be undertaken by Deloitte Belgium, which has a contract to be the exclusive provider of validation services for the first 10 new gTLD Sunrises.
The technical operator of the TMCH is IBM who will receive validated marks from Deloitte and, in the future, other validation providers. IBM is currently negotiating a contract with ICANN that is likely to include multiple Statements of Work and High Availability service levels.
10. Who retains rights to the IP?
ICANN will retain all rights in the IP in the TMCH and will be undertaking a monitoring program to ensure that windfall profits are not made by either provider.
11. What can I register as a domain name?
A domain registration is limited to exact match of a domain name to an eligible word mark. During the trademark’s registration, the TMCH will automatically generate a list of matching domain names based on ICANN’s Domain Name Matching Rules.
As is customary in Sunrises, spaces and punctuation such as asterisks or exclamation marks in the trademark may be omitted or replaced with hyphens in the domain name. In addition, the ‘&’ and ‘@’ symbols may be transcribed as ‘and’ or ‘at’ in the language(s) of the relevant trademark jurisdiction.
Up to 10 permitted matching domain names are included in the price of a trademark registration in the TMCH. For each additional domain name, an additional fee will be charged by Deloitte. The fees are as follows: $1 for 1 year, $3 for 3 years and $5 for 5 year registrations.
For more information go HERE.
February 11, 2013 No Comments
All about the Trademark Clearinghouse
From our good friends at Com Laude
The Trademark Clearinghouse (TMCH) is a database of verified trademark information. Often mis-represented as a Rights Protection Mechanism, it is better to think of the TMCH as a Platform for RPMs in the New gTLDs (ngTLDs), designed to minimize costs. The TMCH will allow trademark owners to deposit their trademark information into one centralized register for one fee, rather than with each of potentially hundreds of individual registries during their sunrise periods.
Validation of marks for entry into the TMCH will be undertaken by Deloitte Belgium, which has a contract to be the exclusive provider of validation services for an initial period which will be revealed when their contract with ICANN is published online in the near future. The technical operator of the TMCH is IBM who will receive validated marks from Deloitte and, in the future, other validation providers. IBM is currently negotiating a contract with ICANN that is likely to include multiple statements of Work and High Availability service levels. ICANN will retain all rights in the IP in the TMCH and will be undertaking a monitoring program to ensure that windfall profits are not made by either provider.
Registration in the TMCH is important for brand owners because it is the central platform for cost-effective participation in sunrises (a period during which a trademark owner can apply to a new gTLD registry to obtain a domain name matching its trademark) and the operation of the Trademark Claims service (when a trademark owner is notified by the TMCH of any registrations matching its marks in any new gTLD). It is expected that the TMCH to open for the receipt of trademark data in January or February 2013.When the new gTLD registries launch, they must link to the TMCH for a minimum period of 30 days for the sunrise and for a minimum of 60 days for the Trademark Claims service.
To be eligible for inclusion in the TMCH, a trademark must be registered, validated by a court, or protected by a statute or treaty. ICANN has indicated that “other marks” may also be included provided that they can be represented within and verified by the TMCH. As is customary in sunrises, spaces and punctuation such as asterisks or exclamation marks in the trademark may be omitted or replaced with hyphens in the domain name. In addition, the & and @ symbols may be transcribed as ‘and’ or ‘at’ in the language(s) of the relevant trademark jurisdiction. However, marks containing a full stop are not eligible at all (such as Dr. Pepper).
In order to receive Trademark Claims notifications, no proof of use has to be submitted. To participate in sunrises, a trademark owner must also provide proof that the mark is in use. Proof of use will be re-verified every five years. Proof of use requires the provision of a signed declaration and a sample of use. Deloitte has given some initial guidance on what is an acceptable sample:
| Acceptable | Unacceptable |
| LabelsTagsContainers from a product
Advertising and marketing materials (including brochures, pamphlets, catalogues, product manuals, displays or signage, press releases, screen shots, or social media marketing materials) |
Inclusion of a mark in a domain nameEmail messagesLicenses to use a mark
Business cards |
The official fees for placing one trademark in the TMCH will be $150. The annual re-validation fee is still to be determined but may be as much as another $150. There will be discounts for volume and for multiple year entries paid in advance.
For more information on the TMCH and services Com Laude has developed to help place marks in the TMCH and the monitoring of sunrise periods for the 600+ “Open” ngTLD registries or 139 community/geographic registries, please reach them HERE.
January 8, 2013 No Comments
Three Weeks Left to Comment on New gTLDS
From ICANN
The application comment period is part of the New gTLD Program and allows you to:
- View a comment that has been submitted on an application
- Submit a comment on an application
Submit comments
To submit a comment, you must first create a user account using the form on this page. New gTLD Program Feedback credentials may also be used to submit a comment in this Forum. TAS and New gTLD Customer Service login credentials are not valid on the Application Comment Forum.
Comments for evaluation panels – Comments may be submitted on any active New gTLD application. Comments directed to the evaluation panels and submitted between 13 June 2012 and 12 August 2012 26 September 2012 will be forwarded to the evaluation panels to review and consider as part of the application’s evaluations. Comments submitted outside of this period will be available for public viewing in the View Comments section of this Forum.
Comments on objection grounds – On this forum, you may also submit comments on any application on the basis of one of the four available objection grounds (string confusion, legal rights, limited public interest, community) specified in the Applicant Guidebook. Comments directed to objection grounds WILL NOT be considered as formal objections and WILL NOT by themselves block an application from being evaluated. Formal objections are required to be lodged directly with a dispute resolution service provider following the process outlined in Module 3 of the Applicant Guidebook. Comments made in this Forum and directed to objection grounds will be available in the View Comments section of the Forum for viewing by the public, independent objector, and dispute resolution service providers.
Other Comments – Comments not intended to be directed to an evaluation panel or objection ground can be made under the “Other” category. Please note that comments directed to this category will not be summarized, analyzed, or sent to the evaluation panels, and will play no part in the evaluation process of an application. They will be available for public viewing in the View Comments section of this Forum.
For the full skinny go HERE.
September 5, 2012 No Comments
