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17/07/2013

International System for Trademark Protection in Internet comes into operation

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It is the Trademark Clearinghouse, which is a mechanism that makes its appearance within the program of new generic top-level domains (gTLD) of ICANN. This model for infringement prevention will enable to protect the intellectual property rights of third parties that are derived from their ownership, relating trademarks in internet.

Recently, it was implemented the ICANN’s program (Internet Corporation for Assigned Names and Numbers) concerning the new generic top-level domains, enabling the application – and consequent opening – of a series of extensions that go much further than the existing 22 gTLDs, which include the well-known .com, .net, .org, and .edu, among others.

This new modality brings a series of conundrums, relating the application of new gTLDs that may involve an infringement of previously established industrial property rights, or the protection an owner of a trademark has against this kind of dangers. The answer to all these questions is the rationale behind the Trademark Clearinghouse.

What is the Trademark Clearinghouse and what are its benefits?

The Trademark Clearinghouse is, in simple words, a centralized database, that is managed by ICANN, which allows the owner of registered trademarks to incorporate the information concerning their current industrial privileges.

This has two importing advantages:

In the first place, it allows to automatically notify the owner of a trademark, in the event that third parties try to register a domain name using a sign identical to that registered in the database, simultaneously alerting the applicant about the infringement of previously established industrial property rights; and,

It simplifies the application procedure of new generic top-level domains that includes this trademark, during the period of pre-register of these signs (sunrise period).

Likewise, the service offered by the Trademark Clearinghouse allows the owner of a trademark to choose any of the following protection modalities:

For one year, only renewable at the request of the interested party concerned;

For three years, automatically renewable every year; and,

For five years, automatically renewable every year.

Both the fees and the costs associated with these steps vary depending on the choice.

At Albagli Zaliasnik, we believe that the establishment and adoption of this system will make easier for both our national and international clients the protection and surveillance of their industrial property rights in internet, laying the foundations for a growth in accordance with the technological progress and advancement of our times.

For more information about this or other procedure, do not hesitate to contact us:

Matías Edwards | @medwards@az.cl

Intellectual Property Group