TMCH

TMCH, Trademark Clearinghouse, was created by ICANN as part of the new gTLD initiative in 2013, and is an important domain trademark protection mechanism.

The Trademark Clearinghouse is a unique, global repository of authenticated information from trademark holders. All trademark holders are able to register for TMCH before or during the release of new gTLD for protection. 

At its core, the TMCH is a database of registered trademarks, submitted by trademark holders to the TMCH, which it checks against domain name registrations to provide a valuable early warning of potential trademark abuse and cybersquatting. 

When new top-level domains are launched, brand owners have the right to register their brand under these domains before anyone else. The TMCH monitors these new domains and cross-references them with the brands registered by trademark holders. Trademark holders are notified when new domain names that match their brands are being registered. 

The TMCH is used by more than 10,000 global brands and offers brand owners the best protection against domain abuse in new domain extensions. Even if a brand doesn’t intend to register any new domain names it should consider the benefits of the TMCH, which is the first line of defence for brand protection. 

The TMCH offers companies and individuals the opportunity to register their existing trademarks in the TMCH database. The TMCH notifies you of any new domain registrations in .com and over 1,000 other TLDs that match your trademark terms and variants submitted to the TMCH. 

This will permit you to take immediate action against any potentially infringing domains.  

Brand validation by the TMCH provides two primary benefits: qualifying for participation in the Sunrise periods of new gTLDs, and the use of the Trademark Claims Service. Licensees are also allowed to submit TM in the Clearinghouse. They fall into the category of Trademark holders and will need to provide a license declaration. 

During the launch of a domain extension, all new gTLDs are required to have a limited registration phase known as a sunrise period. Registries for TLDs with open domain registration will give brand owners the opportunity to register their trademarks and brands after a Sunrise period of at least 30 days, during which TMCH registration is required. During Sunrise, which usually lasts 60 days, brand owners with Trademarks lodged in the TMCH have the right to register their trademarked terms as domain names before they become available to the general public. Upon registration in the TMCH, the brand owner is issued with a Signed Mark Data (SMD) file. This is a unique authorization file that identifies the legitimate trademark owner and upon presentation of the file to ICANN accredited registrars, permits the holder to register domain names during the sunrise period. 

Once a TLD enters its General Availability (GA) phase, domain names can typically be registered by anyone. BrandShelter’s Trademark Clearinghouse service offers early warning of possible IP infringement for brand holders. Whenever someone has activated a domain name in a new gTLD that matches the Trademark holder’s registered TMCH marks, the trademark holder will receive a notification e-mail, so they can quickly take the necessary steps to minimise brand risk.