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DURBAN – Trademark Clearinghouse (TMCH) KAREN

1. Active SMDs people prebogus MBs 00 19 19 signed by our boca 00 19 23 TMB validator and SMDs with invalid signatures We have provided for the first two types the active ones and the bo 00 19 32 ones We have provided that elements in different languages basically those that are listed in the presentation and we also have IDA labels and in the SMDs We also have provided all this information for you You can use these files right now so we have the trust pancor 00 19 53 the unique to verify the SMDs a certificate revocation list the SMD revocation list and obviously the link to download these SMDs We are also working right now on providing you with a learned interface for handbooks so basically you are going to be able to test the overload file of the learn 00 20 17 This is very important This is going to help you to implement and integrate your systems for the Saunders 00 20 26 so if you have any questions you can send an email to me or you can send an email to the mailing list and we are going to help you with any questions that you have Thank you Gustavo For those who don t know can you share what alourdin 00 20 41 is DURBAN Trademark Clearinghouse TMCH E N GUSTAVO LOZANO KAREN LENTZ JAN CORSTENS VICKY FOLENS Page 9 of 62 That is the least of registered domain names so basically it s the file that the register will upload to the trainingma 00 2
2. Important to note this is something that is only going to happen one time so this is not a re verification So once it has been verified it is good to go Pricing We have been struggling a bit with trying to find a right pricing for this If you think about what we have to do As Vicky mentioned we have to do one verification and UDRP case in principle doesn t change anymore so you wouldn t have to do all a yearly validation of that That s why we had suggested here to have a one time validation price per UDRP case 50 to 75 US and after that the UDRP case being validated could remain active for an indefinite period of time Then obviously per UDRP case you have one or multiple labels For those labels you get yearly services You get yearly claim services so that s where we suggest that on top of this one time validation price we would charge a 1 US per label per year For court cases where we have much more to read and review we re currently thinking 150 to 200 US Now this is what we would like to do but this is not carved in stone So our question to the community and specifically the IT community is let s go into a discussion about this not very long of course but at least provide us your feedback Give us an idea on whether or not you think this is logical or not and then we ll see to which extent we can actually fine tune this As you see most DURBAN Trademark Clearinghouse TMC
3. UM UF UM KAREN LENTZ Page 60 of 62 Yes Sure If that will be possible yes we obviously would ve done that We obviously are a couple of large organizations trying to incorporate as good as we can and if we see feasibilities to implement that we will sure do but currently that is not the case and as we need to use the cheapest possible support our part to keep it all affordable we are trying to align the service desk as best as we can at this moment in time Great Thank you The other one is the same related question so that s all have Is there another All right Okay Two more questions and then we ll close to get ready for the next session This question is from Lucas ball 01 55 51 and it s for Karen Is there anything that stops a registry operator to charge 1 million a domain during the TMCH sunrise And then implementing another sunrise and charge 10 thus rendering that TMCH sunrise useless in practice So none of ICANN s agreements with the registries have any regulation in terms of pricing The registries think are expected to assess that with relation to their target market the services that they re offering etc but there s no stipulations from ICANN on charging DURBAN Trademark Clearinghouse TMCH E N UF Last question from Angus Richardson 01 56 56 Could we please have more color rendering regarding the prioritization of trademark records by reg
4. We understand that this provides some more administrative burdens but just a quick update The name of the submitting party is the name of the holder so it needs to exactly match the name of the holder as recorded on the trademark record and it needs to be duly signed and dated We also advise everybody to use a TMCH standard declaration We have had some clients provide completely other declaration That does not qualify So we have put that information out there It s a downloadable form You just need to completed it sign it date it and submit it It s normally pretty easy to use And then copy of the trademark certificate is not provided that is the last common error that we re seeing so you see we have quite a lot of common errors On our website there is a list of all the countries or jurisdictions where official online databases are available We also list the countries where there s no official online database available where we request you to submit the trademark certificate Nevertheless holders and agents just submit the trademark record without looking at that list so the information is out there and it s quite easy to find under our help section downloads online databases and it s right there and you automatically know do need to submit a copy of the trademark certificate DURBAN Trademark Clearinghouse TMCH E N UM VICKY FOLENS Page 20 of 62 If you need to submit a copy
5. be submitted to the Clearinghouse copy of the company registration form that provides the address is insufficient Of course the name of the holder has to be mentioned as well or even a print screen of the website can qualify as to an accurate address of the trademark holder DURBAN Trademark Clearinghouse TMCH E N Page 16 of 62 Description of goods and services so in the Clearinghouse we have two fields We have a description of goods and services that constitute out of the different needs classifications with a high level overview of the description of those needs classifications and then we have a detailed description of goods and services The detailed description of goods and services that is what really is on your trademark certificate As for the description of goods and services so here you only need to actually select the number that corresponds with your trademark record or that is on your trademark record We have actually a mistake ratio of eight percent In most cases it s because numbers of new classifications are selected while the trademark is registered in a jurisdiction that does not follow these needs classification We have an extra field under that box that says non applicable If your trademark is registered in a jurisdiction that does not qualify under the needs classification then you need to select non applicable For API users the value is 46 So again and there is a list o
6. out in different regions specifically facilitating the IDNs so that people are aware of what s going on But of course we also struggle with the fact that even though we can make awareness about the TMCH in those regions they re not always aware about the New gTLD program as well so we know that we are going to have to start again from scratch in those areas and we will facilitate that in the next coming weeks DURBAN Trademark Clearinghouse TMCH E N UM UF GUSTAVO LOZANO Page 46 of 62 We also have identified a couple of groups or individuals that we would like to work with in specific regions like in Israel like in the Middle East like in China To be honest we are running as fast as we can There was just a lot on our plate and yes we know that this is very important and we will pay more attention to it For instance for South Africa this week we had our PR agency focusing on the press here We ve succeeded in having one or two articles in the local press to at least create some turbulence The world is big so that s difficult to do it everywhere with the same pace but we will definitely invest more in the next two or three months in those emerging markets Another question from remote participation again From Connie hann 01 33 45 Many trademarks in themselves contain mixed script Taking apart these trademarks to register them by scripts can sometimes render the trademark label gener
7. 53 code so that you re able to submit that to the Clearinghouse through the API Our website has not been updated yet to provide this information but that will definitely happen soon But as said it was only in production last Friday and we already were currently here so we haven t had time to provide the updates on our website Following to the next topic the 50 abused or previous abused labels UDRP court case strommen 00 45 24 model There are currently a lot of names out there what this is DURBAN Trademark Clearinghouse TMCH E N Page 22 of 62 about so no matter what the name is will provide you with some information as how this is going to be set up First of all any 50 abused or previous abused labels can only be added to a trademark record that has been verified Why is that First of all the labels are only considered for trademark names notifications so we don t want to uphold the eligibility to participate in a sunrise because were still verifying these labels or the UDRP or court cases Secondly that also allows all the trademarks that are currently in the TMCH to easily facilitate uploading the information that is necessary to verify and get these labels in there and to get their protection There is a maximum of 50 labels per trademark record but that does not mean that you can only upload one court case or one UDRP case so you can upload multiple court cases you can upload multipl
8. The reasons that initiate a re correction process I m just going to go over them real quickly but it s important These are the reasons why a re correction process is initiated So it could be that the name of the mark is incorrect the registration number was incorrectly provided the jurisdiction is correct the name of the holder is correct or no documentary evidence has been provided For example if your name has changed for some reason and you have not been able to notify the trademark office then you need to provide us with documentary evidence showing that a name change has happened The address of the holder is incorrect again it could be that your address changed that you have not notified the trademark office That is DURBAN Trademark Clearinghouse TMCH E N Page 13 of 62 fine but then you need to provide us with documentary evidence to be able to establish the fact that the address has been changed The registration dates that is also a reason why a re correction process is initiated Description of goods and services A detailed description of goods and services Also there and we ll get to them in a couple of minutes but these are also reasons that a re correction process is initiated Sample of proof of use is insufficient The declaration of proof of use is not signed and a copy of the trademark certificate is not provided We re going to go over these in more detail as to what is going w
9. cases DURBAN Trademark Clearinghouse TMCH E N VICKY FOLENS UM UF Page 59 of 62 Thank you Carol believe what that question relates to is what Audrey was describing in terms of the service desks and a user of the system who has a question may have directed it to any of the three of us The question was Audrey went through was how we re coordinating with each other to make sure that the whole range of questions is covered by someone first of all Secondly that we have mechanisms so that if as the question alludes to if the question ends up in the wrong place that it doesn t get dropped or lost That we have communications channels in place to make sure that it does get routed to the right place To add that the case will be redirected in each individual service desk to avoid ghost support questions We will try to communicate with the end user to make sure they are redirected properly and that the other desks will be informed as well so that s the process we re looking into to ensure that we will have the right information at the right time and the client is supported as good as we can Great Thanks And then this one was from Tom and lenz 01 54 46 and think it s tied It said wouldn t it be better to implement one customer service center where experts from the three parties will work together for their customers benefit DURBAN Trademark Clearinghouse TMCH E N
10. current second level ASCII gTLD registrations How does this impact the TMCH process The guidebook isn t clear on this conflict So if understand the question it relates to a proposal that existing domain name registrations in a TLD could be given some priority in terms of registrations in a new TLD That s not something that s provided for currently in the guidebook or any As far as I m aware it hasn t been discussed much in terms of how that would work and so forth think it s something that would need to be reviewed on what the actual details are and to fully respond DURBAN Trademark Clearinghouse TMCH E N UM UM UF UM UM Page 48 of 62 Alex Meyerhoffer of ATM 01 37 03 back end operator for a couple of TLD s My question is what are the administrative contractual requirements in order for us as a back end operator to get access to the old tndn 01 37 14 testing interfaces provided by IBM Do our applicants need to sign a conflict with TMCH before we can actually do integration testing and the second very short question maybe for Gustavo is what is the status of the Internet drafts that we see out there Are they final So stable that we can really depend our implementation on that or are they going to change Both are actually timing issues Sorry Just to clarify your first question was what administrative or contractual requirements are in place for access to t
11. of a trademark certificate then of course you need to do that Otherwise it will be marked as incorrect and we will request you once again submit the copy of the trademark certificate Vicky I d like to add something to that So if you look at these percentages we are not happy with them either They re quite high They re much higher than what we had in the past when we helped out with a couple of other sunrises and where we were able to get zero one percent the error rate That is also why we have put in place this re correction process It was foreseen to do this one time but count we ve now done this multiple times to help you out We ve seen that with most of you it does help because the error rate then gets lower There is only one site remark The closer we get to the first sunrise we might not have the time anymore to do this multiple times It was not required and we re doing this to help you because you we really believe that the quality of what you provide is of importance and the higher the quality the more trademarks you will be able to protect so please take that into account that by the time we run into September and the volume gets higher we might not be able to help you multiple times with a record That just might not be possible And then following the next topic there has been a lot of confusion or a lot of rumors that the TMCH does not accept non Latin trademarks can definitely
12. 0 53 database so we can send the certification notice to the holders Thank you I m going to turn over next to Jan Corstens and we ll move into the update from the verification surface prospective Thanks Thank you Karen Good morning everybody On behalf of the Clearinghouse team would also like to welcome you all to this session would also like to start with thanking a lot of you who have been working closely with us in the last couple of months and have provided us feedback and suggestions There s a lot of work that we ve been doing in the last say four or five months We have received a lot of cooperation and a lot of feedback from a number of parties as an example with respect to how we were going to settle the API and the sessions that we organized around that Those sessions were very helpful in listening to you and hearing how we could better do what we were doing And so can only tell you that we hope to continue working like that as open as possible and implementing based on feedback that we received from the community I m handing it over to Vicky to start the presentation as such Good morning everybody So we have a couple of things that we want to discuss with you in relation to the TMCH In the first instance we just DURBAN Trademark Clearinghouse TMCH E N Page 10 of 62 want to touch briefly the verification process and the reproduction process describe a little bit th
13. 9 dot AT My question is regarding integration testing of the TMCH As a back end operator do need to repeat integration testing for each and every TLD I m operating or do have to pass once as a back end operator and then I m certified for all the gTLDs that I m operating No You do not have to repeat yourself over and over again once you have gone through the process You re ready to go Thank you The next two remote participation questions this one s from Connie Hahn 01 48 17 Is the OTE environment ready Since it s release two weeks ago the TMCH agents have not been able to access it yet DURBAN Trademark Clearinghouse TMCH E N VICKY FOLENS UF VICKY FOLENS UF VICKY FOLENS UM Page 56 of 62 So the OTNE environment for agents accessing TMCH has been made available and we have multiple users already on the system If for some reason it s not connecting with the person then they just need to create a customer support ticket and we will look into it immediately Thanks This one is from Jane Chiao from dot Asia Does early bird trademark submission end on August gt as well or does it end in September this year It will end when the first gTLD actually launches at sunrise Okay The next question from Thomas arlins 01 49 23 Who will receive a notification once a domain name has been registered in a sunrise The notifications are sent either to the t
14. DURBAN Trademark Clearinghouse TMCH E N DURBAN Trademark Clearinghouse TMCH Wednesday July 17 2013 11 00 to 13 00 ICANN Durban South Africa KAREN LENTZ Thank you Welcome everyone My name is Karen Lentz from ICANN ld like to welcome everyone to Durban and to the Trademark Clearinghouse session This is a project that has represented quite a bit of work by the community from the time that it was proposed that we should have a TMCH in the New gTLD space to developing what the requirements around these processes should be and building the systems to make it work So we ve got a long time slot today We have a lot of information to cover so welcome to everyone I d also like to apologize a bit for anybody who heard there were some people who showed up at 8 00 this morning in this room The session was originally scheduled at 8 00 AM and for only an hour which we moved earlier this week to try to accommodate the time that we felt it needed to cover all the information that we had to share So again apologies to anybody who didn t get that and was unaware of the change and showed up here would like to introduce the team We as ICANN are implementing the Clearinghouse with some excellent partners and I m joined here today on the stage To my left from ICANN we have Christine Willett and Gustavo Lozano To my right we have Vicky Folens and Jan Corstens from Deloitte We have from Dirk De Bevere fr
15. H E N VICKY FOLENS Page 25 of 62 of the prices are related to the actual validation that you need to do But again we want to go into a discussion on this I m going to speed up a little bit because want to give IBM sufficient time to go over their slide But just to give you an update there are a lot of things that we are currently working on What has been just recently implemented is a full blown API test environment for the agents Weekly notifications are sent out to trademark holders and trademark agents as soon as the trademark record changes status The SMD files have been made available and we ve been putting together monthly webinars newsletters and our animations of the TMCH has made available in more than ten languages now We have other things coming up Proof of use to be uploaded as a separate document so that even if your trademark record is correct and your proof of use is invalid you ll be able to upload that separately and go through every correction process as well The SMD file will be made available at the end of July We still need to implement the 50 abused labels with strommen 00 52 58 model and a couple of other things like transfer of trademark records updating Clearinghouse guidelines so we still have some things to do Customer support just a quick reminder If you re a registered user meaning you re an agent or holder please use the customer support tool through our web inte
16. Page 51 of 62 Okay All right didn t know about the identity confirmation checks that you If can add to that for the trademark record when even third parties submit on behalf of trademark holders they always have to provide the private email address of the trademark holder and we do sample checks as well on the basis of different criterias to make sure that the trademark holder has indeed provided the authorization to the trademark agent to actually submit that trademark record as well So if sally helped 01 41 43 emails too If we felt that we couldn t identify the connection between the email address and the trademark owner for instance that we don t accept it That s the general rule and then we ve already reached out to some of those to find out more what are you doing What we ve seen for instance was that some of them tried to register as a holder but act as an agent and we ve stopped that immediately so we are doing those checks We are actually thinking of even further improving it but with additional features where we would do potential checks on identity cards It is not required so we re not doing it immediately but we re really looking into that so that whenever we have doubt we could potentially do additional verifications DURBAN Trademark Clearinghouse TMCH E N UM UM UM UF VICKY FOLENS Page 52 of 62 Okay Okay So there s this check in eac
17. We also see some samples of invoices Invoices again do not show that you use your trademark Invoices are a way to send or bill a customer but that is not actually showing that you are providing goods and services on the market Print screens with just the trademark and the URL is not accepted so we also have a lot of examples where they provide a website where it s just mentioned the URL the trademark but there s nothing mentioned on the website as such about the trademark That does not qualify as a sufficient sample of proof of use What does qualify A print screen of the website does qualify if you can demonstrate on your website that you are actually using your trademark and even in some cases when we have doubts we will actually go and look on the website ourselves and see if we can find more ways that you are using your trademark and if we still have a hesitation we can ask you to provide additional samples of use as well One thing to note too for you mathematicians out there if you ve been adding up the different percentages Yes it does add up to greater than 100 percent because unfortunately on some of the records we re DURBAN Trademark Clearinghouse TMCH E N VICKY FOLENS Page 19 of 62 finding obviously more than one mistake so that would be the reason for that That is correct unfortunately And for the declaration of proof of use so again this is also something new
18. a decision that a particular domain name was abusively registered or used against a certain particular trademark so where that trademark as a record has already been verified by the Clearinghouse and the labels are noted in the decision can be associated with that specific trademark then those labels can also be included associated with the record for the trademark claims service We posted implementation notes around how that information is verified what is submitted and how you would go about associating some of those labels with an existing Clearinghouse record The Deloitte team is actually going to take you through a lot of that today also wanted to address the timing on this think there was some confusion about some of the discussion about this think the confusion is around details of specifically how this system is going to be implemented think that we ve made a commitment to have this capacity available for anyone is operating a claims period and think we still expect to meet that Another stream of work that s been taking place is around the RPM That s rights protection mechanism RPM requirements That document is intended to fulfill a reference in the registry agreement which says registries are required to implement these required sunrise and entry mark claims processes according to blank So the RPM requirements are intended to have a place where those parameters are contained We talked about this
19. al set official across the board idea of the number of times that this can occur before the record has to be resubmitted DURBAN Trademark Clearinghouse TMCH E N VICKY FOLENS UF UM Page 44 of 62 Thanks for that So in principle there shouldn t be an inconsistency That s incorrect So if that is happening then we will definitely immediately take a look at that The guideline is one correction process but we are trying to help everybody out as much as we can so in the event that we receive a customer support ticket to trademark holder trademark agents saying please we have the information Can you help us out We tried to facilitate that as much as we can Also for all the trademark records that are currently marked as invalid we are reaching out to them in August all the trademark holders and trademark agents to see if we can help them again before September comes up because we do believe that we re going to have a big rush in September and we want everybody to be as much aware of what s going on and how they can correct their information and get it right Thank you very much Okay Amadeo Abril CORE Association This is especially for Vicky heard the same rumor that you said that TMCH was not accepting IDNs We asked and we got the answer The other rumor heard and haven t spread myself is that unfortunately the TMCH is quite invisible in some areas like Middle East or for ou
20. all the information is provided in Spanish for the description of goods and services We request to provide that information in Spanish If you want to provide it in English that s not a problem but then we need a certified translation that the information has been translated The proof of use sample and declaration you see here 50 percent has been marked is incorrect We do believe that this is due to the fact that this is completely new Proof of use was not always a requirement in previous sunrises Also the requirements around proof of use and the sample is new so we understand that the ratio is quite high there We have a brochure on a website explaining what is acceptable and what is not acceptable how to submit the declaration Again we re trying to get these errors out as much as we can We try to assist all the clients through webinars providing more information about the proof of use sample what is important and when we talk about the use of sample is DURBAN Trademark Clearinghouse TMCH E N UM Page 18 of 62 that the name of the trademark as it appears on the trademark certificate needs to be in a proof of use So we see a lot of times that for example there s a trademark registered with an accent but the proof of use they provided without an accent That does not qualify as demonstrating that you are actually using the mark So it needs to be an exact match on your trademark certificate
21. ast but not least is this SMD file not on a revocation list Gustavo earlier said that this revocation list is available for testing purposes so from a point of view of the registry you can start DURBAN Trademark Clearinghouse TMCH E N Page 32 of 62 implementing sunrise process up until this point So you have SMD files that are available that you can use to start building with and start building your suffer 01 06 39 against You have a revocation list that you can verify these SMD files against Of these four tests flag that this domain name can be registered This label can be registered in the gTLD The registry can go ahead and he has to actually notify the TMCH again to say okay this label has been registered using the LORDN file list of registered domain names so that file goes back to the TMCH and the TMCH will eventually send out notifications to the holders of the marks that are linked to those labels Basically that s the claims process know this slide has been shown to you many times but just wanted to go over it quickly Claims is a little more complicated because actually we go up and down the tree twice so at some point the registrant wants to register a domain name He goes to his registrar and says look want to register this domain name The first thing the registrar does is verify if the label is still free So he goes to the registry asks is this label still free If the la
22. been incorrectly completed or either DURBAN Trademark Clearinghouse TMCH E N Page 15 of 62 the name of the holder is correct but he is not owner and there is a field in the Clearinghouse or in their interface where you can choose whether you re an owner licensee or assignee and sometimes the holder is a licensee They have provided the licensee declaration That has all been correctly completed but they forgot to select the type licensee so they indicate that they are an owner of the trademark while that is incorrect So those are also reasons why all of the records are sent back to the holders to the agents to correct the information Twenty two percent have failed verification because the address was incorrect As earlier restated we understand that companies change addresses We understand that it s sometimes time consuming to get it to the trademark office We also understand that the trademark office doesn t always update within 24 hours at the moment we do our verification So in those cases please submit documentary evidence such as the registration form saying that your company has moved That is fine We understand that and we accept those reasons We accept those documentary evidence as well We have also cases especially with online databases that the address of the trademark holder is not always mentioned on the trademark certificate While we do request the address of the trademark holder to
23. bel is still free the registry comes back to the registrar and says yes it s still free but be warned there is some specialty with this and you get the URL back from your registry It allows you to get all the claims information that is linked to this label from the TMCH This is called the CINS service So you ll get a little XML document These are static files actually on the server somewhere so you can just pick them up there and you have to visualize this to the registrant The registrant has to confirm that based on the information DURBAN Trademark Clearinghouse TMCH E N UM Page 33 of 62 that is visualized in front of him that he still wants to continue the registration Goes back to the registrar The registrar says okay look this registrant still wants to register the domain name and he informs the registry of the fact that the registrant has read this claims notification and he still wants to proceed The registry will then register the domain name and using the same LORDN principle as was discussed earlier will introduce the fact that the label was registered into the TMCH The TMCH will again notify the mark owner So these are the two processes that are in place How does the registry know which information has to pass to the registrar There is a domain name label list available for the registry in the claims process that the registry can download which will actually tell him which label
24. buse labels Thank you Karen The next one is from Connie hone 01 27 34 a remote participant Question 1 According to Specification 7 of the Applicant Guidebook all DURBAN Trademark Clearinghouse TMCH E N UF UF Page 43 of 62 New gTLD registries are required to set up a working arrangement with the TMCH in providing registrations for trademark domains during sunrise periods For registries operating closed TLDs that are not going to offer registration services to the public and are only registering domains during sunrise periods for own use are they still subject to uphold this arrangement with the TMCH Thank you Currently Specification 7 in the Registry Agreement is applicable to all gTLD registries who sign that agreement The rights protection mechanisms of sunrise and trademark claims were agreed through the development of the New gTLD program as minimums that we wanted to ensure across the board that were offered by everyone and so there s not currently a mechanism to carve out or exempt anybody from that It applies consistently Stephanie Duchesneau FairWinds Partners We ve noticed inconsistencies in the number of opportunities that a holder and an agent has had to correct its record before it has to resubmit the record entirely and pay the associated fees and we ve also noticed inconsistencies both in actually conducting it and what we ve heard from Deloitte on this Do you have a fin
25. can be a brochure where it says the trademark as a word mark is mentioned so in those cases we do accept those cases but we do look at first to see if we can find the figurative mark Great Thank you This one is from Lucy Seufier How does Deloitte know the decision is not being appealed When you were talking about court cases this question came up and it says how does Deloitte know the decision is not being appealed To be honest we don t at that moment We do the verification on the basis of the information provided If that third party is in appeal and as soon as that appeal decision has been made then they can always file a dispute against our decision based on the appeal We obviously do some checks again on that documentation If it comes from a court case then the local people need to obviously recognize the court as such so it can t be just something that has been made up Michael hellog 01 47 08 lawyer in Germany Just a question of clarification of the Plus 50 if my client has registered his trademark in ten different countries can he apply for a Plus 500 Ten times plus 50 DURBAN Trademark Clearinghouse TMCH E N UM UM UM UM UM UF Page 55 of 62 If you would have registered the same trademark in multiple jurisdictions then you can submit it each time for that jurisdiction and at 50 That is a possibility Yes Okay Thank you Alex Meyerhoffer 01 47 3
26. demark Clearinghouse TMCH E N UM UM UM Page 50 of 62 obtain an unauthorized domain registrations is there a mechanism for me as a trademark owner to remove an unauthorized entry from the TMCH First of all there shouldn t be an unauthorized party That s what they thought with domain registrations too but if have an email address and can sign a piece of paper can get an entry in the TMCH and write a check No It s not that easy think we were doing quite some validations and verifications on the authenticity of the person that submits a trademark and there are a number of checks During previous sessions we ve gone into detail on that that we do Will it never happen assume not No But there is a process in place to dispute a decision made by the Clearinghouse That s correct So you can go to the Clearinghouse and dispute a certain decision that we ve made The question is obviously how will you be aware of that if you re not in the Clearinghouse Let s say if you re also in the Clearinghouse and you had a similar trademark then you would know immediately as you would get claims on that specific trademark if it would happen there during a claims period If you re not already in the TMCH then probably you need external procedures to find out which is not part of what we are required to do DURBAN Trademark Clearinghouse TMCH E N UM VICKY FOLENS UM
27. dule changes during the startup period so let s say a registry had announced a sunrise or another period and they needed to adjust or postpone it or they started and they wanted to extend it for whatever reason so we are in the process of revising the draft to provide more flexibility around how that information can be changed or adjusted as the processes continue So we have taken the results of those discussions and are working as we speak on a new version that we expect to be posted for public comment Certainly our time is an issue here so would say it s our goal to have it posted within a week and hope that you ll all review and comment on that I m going to turn it over here to my colleague Gustavo Lozano here who s going to talk about the test SMD files This is something that s new that s available this week and he ll review for you a little bit about what that development is Thanks So basically we have been working with IBM and Deloitte to generate these SMDs Several registrars and applicants have been asking for these DURBAN Trademark Clearinghouse TMCH E N KAREN LENTZ Page 8 of 62 SMDs because basically they are very important for you to start doing your integration testing So it s very important to mention that these files were generated using the same inaudible 00 19 09 and the same infrastructure that we are going to use in production So we have four types of SMDs
28. e Clearinghouse with relation to some type of procedure for either blocking or registering those names We don t have that currently That hasn t been discussed as a functionality for the TMCH It s something that could be considered in the future if it was agreed and developed Great I m just going to ask the next one because it s a short one It s from Tobias When will Trademark plus 50 be ready DURBAN Trademark Clearinghouse TMCH E N KAREN LENTZ UF UM KAREN LENTZ UM Page 41 of 62 Yeah So at the beginning mentioned that we don t have the specific date but that we will have that ready Expect to have that ready before any of the registries are offering a claims period Next Hi My name is Yoshi inaudible 01 24 14 recently got a brochure from Konac and it says Konac is operating with organization by ICANN and also trademark information exchange system which is TMCH is operated by ICANN and they are the unique organization that can register simplify Chinese trademark on the TMCH They provide and we are confused whether this is true or not and was wondering if you are aware of this Thank you So currently as had described at the beginning of the session the Clearinghouse has a few different functions One of those is the validation function for how trademarks are submitted by rights holders and how they re verified before being included in the database Our ve
29. e UDRP cases to one trademark but there is a limit that you can only add up to 50 labels So you can perfectly have 25 cases with 2 labels against those cases That is not an issue at all For UDRP cases or decisions it needs to be an ICANN approved service provider so there s a limited list as to the decisions from the UDRP providers and for court cases it s the national court case that will be accepted so again no state cases or state court decisions will be accepted in the Clearinghouse for these particular reasons We ve tried to make it as simple as possible to limit the information that you need to provide and also to limit the error rate that will happen based on our previous experience So for UDRP cases what you need to provide to the TMCH you ll need to provide the name of the service provider the number of the UDRP case or the reference number of the DURBAN Trademark Clearinghouse TMCH E N Page 23 of 62 UDRP case the language of the UDRP case and the labels As for the language this is new Why is that Because we understand that some UDRP providers might provide the information other than English or common or another script or language We just want to facilitate the verification as well so that it goes directly to the correct language skills that can verify that information so that we don t have to lose time as first checking the document and then notifying that it needs to go to someone el
30. e common areas we re receiving and what we re doing to enable that those common areas don t happen anymore Also touch point the trademarks and non Latin scripts There s been a lot of confusion in relation to this so we re going to discuss that The 50 abused labels what s new in the Clearinghouse what will be coming soon in the Clearinghouse Touch a little bit about customer support and provide you an overview of some statistics So in relation to the verification process it s important to note that we do a 4l review process What does that mean It s a manual process It goes to two groups of verification agents Group 1 looks at the trademark information Group 2 looks at the trademark information and if they both agree to a decision either it is correct or incorrect then it either gets that status When the Group 1 and Group 2 do not agree for some certain areas that they have There s an inconsistency It actually goes to a quality assurance group and they overlook what has been verified and then they take a decision based on that information The same goes for proof of use Proof of us is also looked at twice and if there s inconsistent information then it goes to a quality assurance review group What do we do what we check We check of course that the trademark is indeed registered That all the information is accurate and complete and we check to see that you meet the eligibility requirements as la
31. elines From our point of view there are some technical implications as well in order to get that done because at this moment because dots are not allowed is not possible to replace a dot with hyphen As soon as we can get that we will be able to replace the dot with hyphen Trademarks that indicate a source indicator such as dot com dot org or any other new GTL the extension will not be accepted in the Clearinghouse so that remains the same We have trademarks currently in the Clearinghouse that were marked as invalid because of the dot rule We will be contacting those trademark holders and trademark agents to allow them to the re correct or re submit their trademark without an additional fee as soon as we have clear approved guidelines as to what is accepted and what is not accepted As for the registration dates so here again about nine percent of the trademark records that we get in fail because the registration date has been incorrectly completed In most cases application date is provided so we request the application date While application date is not mandatory you can submit it We definitely do request and is mandatory is the registration date but a lot of people get it mixed up as to what is the registration date and what is the application date The name of the holder this might be surprising but 20 percent of the trademark records actually get also in an incorrect phase because the name of the holder has
32. erational test and evaluation platform should actually read ended two weeks ago The performance and security test the start of the month we started to test the environment and in the claims platform tests are also about start This again is a foil 00 59 18 that we presented in Beijing just to give you an update and a slightly modified version of where we are today So sunrise and claims is behind us They installed the circled infrastructure with the central database in a smaller central infrastructure out in Luxembourg has been finalized Then on the next bit which is the application development and the testing for sunrise you ll see that the two application releases have been stretched which is a result of changing minor or major changes to the requirements which has put us at the start of this month with application release 2 DURBAN Trademark Clearinghouse TMCH E N UM Testing has started at the start of the month and then as said we ve got the ongoing performance and security testing of the production and the operational test and evaluation environment Again the date that we ve discussed before the beta testing for the registries will start end of this month on the 31 The green bar with the go live or the sunrise is the one that remained in place where it was and you ll see that we re at the end of the period that had been communicated earlier on August 9 The claim services so again our i
33. h instance whether or not someone purported to be an agent is actually an agent through some channel by which you find the actual trademark holder You may not know this is one of the first things that we do with any trademark holder or agent or any individual that comes in is that we do a check with the ofac 01 42 46 list so if we find matches there then there is already not an immediate activation of their account Okay Thank you Okay The next remote participant question from Connie Hahn 01 43 04 3 Could you specify who should certify translations in order for translations to be accepted by the TMCH Certified translation is only by a certified translator However due to the fact that we are working with local resources that understand both languages it is sufficient to provide a translation from the trademark office for example or the trademark agent as well believe they can provide the translation as well because we can actually make a match due to the fact that we have the correct people working on it based on the language DURBAN Trademark Clearinghouse TMCH E N UM UF Page 53 of 62 So the answer is not that it has to be like a certified translation as such We believe that our resources because of the fact that they re all native speakers for whatever language should have the capacity to make that translation and make sure that it s a one on one and again with the re correct
34. he next one is Could you please let us know how many registrars are implementing or plan to implement the claims process How many registrars plan to implement the claims process don t know The registrars who wish to support New gTLDs and to provide those services to registrars who want to register during the early periods of a TLD would think would be interested in that DURBAN Trademark Clearinghouse TMCH E N UF VICKY FOLENS UF VICKY FOLENS UF Page 58 of 62 Thank you The next one is from Bennie Samuelson 01 52 03 Question As revealed yesterday the trademark plus 50 will be delayed and increasing cost How will this affect the first TLDs going live with sunrise Sorry Can you repeat that Sure As revealed yesterday the trademark plus 50 will be delayed and there is increasing cost How will this affect the first TLDs going live with sunrise So this shouldn t affect anybody from going live with sunrise at all First of all the plus 50 additional label only applies to the trademark claims process not to sunrise so that should not be a delay Additionally it s not intended in any case that implementation of that functionality would be the delaying factor to any TLD from going live Great This is one from Maxim Will it be possible to transfer client cases between IBM Deloitte and ICANN and in parentheses it happens but don t understand what it meant by client
35. he testing environment Since we are not an applicant we can t get into contract utsms 01 38 08 ourselves The contractual arrangement will exist between the registry and ICANN and the registry will pass on the IDN passwords to the back end operators DURBAN Trademark Clearinghouse TMCH E N UM UM UM UM UM UM Page 49 of 62 Okay So that means as a back end operator can t access the testing environment before our applicants sign a contract you are saying You will be able to access it based on the credentials provided by the registry Okay Thank you And the second short point about the Internet drafts So basically regarding the drafts we have a little feedback from the community and this draft has been for a long time consider the draft as stable Basically we have been using that draft to implement all the solutions but obviously if we find something that is incorrect we will fix it My plan is once we have the Clearinghouse operations maybe four months or six months after that we will work to create an aroseen 01 39 10 based on the draft Okay Thank you Hi John Berryhill If I m a trademark owner who hasn t been paying attention and find several months from now that new TLDs are launching and some unauthorized party has submitted my trademark information to the TMCH in order to qualify for sunrise registrations and DURBAN Tra
36. he verification Now my first line said either a trademark record is verified or it goes to an incorrect status if something is going wrong So at that moment when a trademark receives an incorrect status a re correction process is initiated meaning you can correct your trademark record We do not correct anything on the trademark record It is your responsibility to edit DURBAN Trademark Clearinghouse TMCH E N Page 12 of 62 the information What we do provide you is we have an external comment field and we actually provide you with the information as to why a trademark record has not been able to be verified The re correction process lasts for a period of 20 days meaning you have normally 20 days re corrected your trademark record We have currently not implemented these 20 days because we are working with you to help you and assist you in getting your trademark records verified We note that especially in the summer months a lot of people are on vacation especially also for trademark agents working for trademark holders They can t always reach their trademark holders and correct the information so that is why we have not initiated this 20 day period to automatically start We will be initiating that after the summer and that means if you do not re correct your trademark record in 20 days it will be deemed invalid and at that moment you ll need to resubmit in order to get a verified trademark record
37. ic or meaningless TMCH has mentioned that mixed script trademarks will not generate labels and therefore no protection may be rendered Is just a technicality that cannot be altered so as to make script trademarks meaningful in their use of domain name registries The answer to that question is basically what we have defined in the ICANN IDN Guidelines So basically in Section 5 it mentions that all code points in a single label will be taken from the same script as determined by the Unicode Standard 24 so basically that s the answer Maybe you want to read those guidelines In Section 5 it mentions that specific DURBAN Trademark Clearinghouse TMCH E N KAREN LENTZ UF UF Page 47 of 62 Thank you Gustavo This is Karen The answer to that lies in the DNS guidelines or requirements that are in place for second level domain name labels which have a sort of a general prohibition on mixed scripts within the same label So while there are valid trademarks certainly that contain different scripts transferring the mark to a domain name it would not result in any legal domain name in which case there s really nothing to protect against since no other registrant could possibly register that name either Thanks There s a next question which was from KOM and it says To avoid user confusion some IDN gTLD applications as part of the allocation plan intend to reserve allocate matching domains for existing
38. id down in the TMCH guidelines What is also important to note is that our verification agents are located all over the world It s not just the Deloitte Belgium that is providing these services We have resources all over the world even in Deloitte Belgium DURBAN Trademark Clearinghouse TMCH E N UM VICKY FOLENS Page 11 of 62 to be honest our resources just do not exclusively exist out of Belgium nationality We have a lot of resources within our offices as well so we do work with our global offices We do work with local trademark law experts to address questions to address validation verifications And one of the things to note too and you ll see this in some of the statistics when we present them a little bit later but to this point probably about 45 percent of the trademarks that have been put into the Clearinghouse are from the US and another 35 percent or so are coming from primarily Europe so at this point in time the bulk of the trademarks being placed into the clearing house for verification process are coming from North America or from Europe and so as Vicky said that s where you re finding a lot of the verifications to be done at this point in time But as you ll also see we do have marks from over 60 countries at this point and we are involving our offices around the world and our resources that have the language capabilities and all of the necessary requirements to perform t
39. in a previous meeting in Beijing One of the considerations or principles that we used in trying to DURBAN Trademark Clearinghouse TMCH E N Page 5 of 62 draft the RPM requirements is that the registry operator should have discretion to implement their startup phases their startup processes in line with their own business model their own operational model so long as there s a minimum set of requirements that are met and so we published a draft version our first rendition of that before the meeting We had some discussion about it during Beijing We got quite a number of comments After the meeting we held an open conference call with anybody who was interested who wanted to provide feedback on that document and ask questions and have a discussion There were if remember correctly about 70 or 80 people on that call so it was well participated in and then there s also been a team of community members applicants and others who form themselves as a team that has been in discussions with ICANN on how these RPM requirements can be revised and clarified So l Il mention some of the topics of feedback that we ve received and discussions that we ve had This is not a complete list but some of the highlights some of the things that came out of this and a number of them refer to TLD s that have a particular geographic focus or their cases sometimes a community focus So the first bullet there has to do wi
40. ingapore and the next one is in Denver It s a high viability setup with low balancing design to provide maximum performance to the communities In Poland and at the orange star you ll have a call center providing all service related services from a technology perspective to the community What we have on the agenda today Ill quickly go over the status and timeline for sunrise and claim services and then Audrey and Jan will take DURBAN Trademark Clearinghouse TMCH E N Page 28 of 62 you to the sandbox environment the sunrise and claims process as a refresher documentation customer support and further communication following the Durban conference So the status and timeline Where are we on the sunrise and claim services Sunrise we go live as already announced during some meetings prior to this one go live for the sunrise is confirmed for August 9 so a few more weeks of patience there The testing environment will be made available It is not the sandbox This is the operational test and evaluation platform for the sunrise services so the testing environment will be made available on July 31 Claims go live exactly one month later September 9 and the testing environment for claims as of August 21 So where are we today Asset 00 58 48 and others going to touch on that later in the presentation The sandbox is operational and details on how to connect to that will follow The sunrise production and the op
41. ion process that we have set up if we feel that it is not a one on one translation then we will reach out Second question you have to ask where is it important Any description for instance of goods or services should be an exact match with whatever supporting documentation that we have If agents or specific parties wish to also include for instance the description in English a translation in English because they know that potentially the registry might not be capable and the registrar might not be capable of doing all of these translations then we re obviously not going to be that strict The translation needs to be the same but what is most important for that specific record is that in whatever script the goods and services are that it is an absolute exact match with any supporting documentation that we need to verify against Great Thank you Here s the next remote participation from Christopher and IEMI 01 45 16 For proof of use in regards to figurative marks does the proof of use sample have to show an exact match of the full mark 01 45 26 i e colors graphics or can the proof of use show the primary words and characters in the mark DURBAN Trademark Clearinghouse TMCH E N VICKY FOLENS UF VICKY FOLENS UM UM Page 54 of 62 We know in some cases it s not possible to provide if it s a figurative mark depending on the proof of use that they re providing that there
42. ional gTLDs KAREN LENTZ Sorry What s the question Can we have more what UF More color KAREN LENTZ More color UF Yeah Regarding the prioritization of trademark records by regional gTLDs KAREN LENTZ Sure So that was a point that mentioned in relation to the RPM requirements for how registries implement the sunrise and claims processes There was interest from some applicants that had a regional or a local or a particular geographical focus in allocating the domain names in the sunrise in a priority order according to those that were closest to the region or had ties there So the Clearinghouse verification process provides verification but an entity has met the sunrise requirements There may be many and this happens in any registry there may be many eligible rights 01 58 17 holders who want the same domain name and so in that case all registries would have allocation processes Page 61 of 62 DURBAN Trademark Clearinghouse TMCH E N END OF AUDIO Page 62 of 62 So the proposal was around the ability of the registry operator to establish a priority or prioritization in the allocation in relation to the purpose and focus of the TLD All right I d like to thank everybody for spending their two hours of lunch hour here with us The next session will be the URS demonstration in about 15 minutes Thanks applause
43. iscuss and feed us with the information so that we can support you as good as we can and give you the ability to use the system as quickly as possible We plan to have the first webinar in the first week of August and a communication will come out very soon on that part so look out for that on mainly the ICANN website You can make sure you are updated on that Also yesterday overheard a couple of sessions where there were a lot of discussions on communication between registries registrars and IBM There was one question whether they could do additional webinars there We will review that over the next days and make sure we come back to DURBAN Trademark Clearinghouse TMCH E N Page 37 of 62 that as a potential supplement to the webinars so that we get an interaction between each other and hopefully enlarge the experience and get the system up and running as good as we can Also a suggestion came out to do some blogfests 01 17 51 sessions We have not yet defined how to do that what to do and if we are going to do it It s something we need to discuss with ICANN We will seriously consider it to ensure to support you with getting your systems up and running as quickly as possible so there ll be short 01 18 12 on all the timelines the development of the back end systems So we will come back to that as soon as we can on that part and we will communicate that to you all later on Dirk you had some additio
44. ision of this does permit the registry to continue to apply whatever idea and variant policies it has based on its IDN tables throughout the sunrise period in terms of the allocation There was a discussion about the 30 day notice of sunrise so this is a requirement that was agreed on at an earlier point that everybody would give a 30 days notice before a new TLD was doing sunrise registrations The draft that we published said that that notice could happen once a TLD had actually been delegated to the group dom There were some proposals to revise that to make it at an earlier point Could there be an earlier point where the 30 day notice of sunrise could be given So that s been discussed with a balancing of the desire to have certainty and predictability around the dates and when things are DURBAN Trademark Clearinghouse TMCH E N GUSTAVO LOZANO Page 7 of 62 happening with the desire for people to expedite their launch processes so there s been quite a bit of discussion on that The next one validity periods had to do with how long certain credentials used in the sunrise and claims processes would be valid We got a lot of feedback on this looked at the operational risks and in considerations in the process and determined that there can be more flexibility here so for the registry and registrars to use their processes so those validity periods have been eliminated Finally there were comments around sche
45. l 01 19 57 at the start of the session One is the interactive sessions to enable and facilitate a very open direct and bi directional communication between IBM on the one hand and registries registrars back end operators on the other Second the blogfest 01 20 14 It s just ideas and suggestions that were made to us during this conference If there s any other thoughts we obviously welcome them and we are more than willing as long as it s feasible and doesn t get in the way of the project more than willing to consider and facilitate if at all possible We ll be for the remainder of the conference together with Deloitte and Chip at the TMCH booth so feel free to address any questions to us directly Thank you Thank you Dirk Thank you Audrey and Jan We covered a lot of topics expect there are a lot of questions so the microphone is open for any of those We ll try to alternate between the questions in the room and the remote questions assuming we have some Many Okay So let s get started Amadeo DURBAN Trademark Clearinghouse TMCH E N UM UF UM UM UM Page 39 of 62 There s a first NTL measure that you tried this with him Thanks a lot have some questions one for IBM one for Deloitte one comment to ICANN and one general request to all of you start with a general request Amadeo Since we have a limited amount of time could suggest that we
46. limit it to one question so we can get through the queue So start with one question and then you can get back in line until we have to cut off the line Is that okay with you Karen guess that s a yes Okay Regarding the question everybody but Vicky said something about testing and when the testing is available and got that the SMD 5 s are available and some other things will be soon or in July Can you clarify for me for registries and registrars when the complete sandbox environment is available for testing Because think you mentioned different things but they haven t got the complete details Yeah The complete production and the operational testing and evaluation environment for sunrise will be available on July 31 Okay Thanks DURBAN Trademark Clearinghouse TMCH E N UM UF KAREN LENTZ UF Page 40 of 62 You re welcome There were 17 questions in the queue and they re in order of how the presentations went so the very first one was Is it possible to insert a list of strings let s say wine 01 22 54 geographical location as an example here in the TMCH and offer special procedure to unlock the names Thanks Carol for the question or thank you remote participant for the question As understand it the question is around is it possible to create a facility or a procedure where geographic indicators or other types of items like that could be deposited in th
47. lready For the website how to connect with us Vicky do you want to quickly go over that Yeah The website think everybody knows at least in the room everybody knows our website We are actively on our Twitter account as well so that s tmchinfo We provide you with news updates there and some general questions that we receive through our customer support DURBAN Trademark Clearinghouse TMCH E N KAREN LENTZ DIRK DE BEVERE Page 27 of 62 and kindly invite you if you have more questions about what we just said or other questions please come see us at the booth We re at the hall so please come Thank you Jan and Vicky and Don I m going to turn it over now to Dirk and Audrey for the next portion Thanks Good morning My name is Dirk De Bevere from IBM So on the sunrise and claims we re not going to spend too much time on this picture think Karen explained it in detail at the start of the presentation today Construct that we have combining the TMCH the database and the sunrise and claim services which we re going to go into some more detail The setup that we have is already a picture that we ve shown one in Beijing It s a triple data center set up with a central data center in Luxembourg Can you just click once more Karen please Okay Central data center in Luxembourg and two are data centers We didn t have the names already known last time but one is going to be in S
48. mented on the IDF side and you can find the URL on the slide here For all registries and registrars involved here recommend to read this This tell you all the nitty gritty details that you need to implement this process l Il be just scratching the surface here and briefly introducing you to it because think a lot of abbreviations have been used here and I d just like to explain what these are So let s have a look at the sunrise process for starters Thank you Karen The sunrise process starts off with a mark holder actually having registered a mark and that has been verified by Deloitte as we heard earlier by Vicky producing a signed mark data an SMD file as we call it This SMD file can be introduced by the registrar to the registry The registrar can verify the contents of this SMD file It s structured in such a way that it can be verified off line so at all points in time a registrar can verify if the content in there is correct and if this SMD file is valid If that s the case he can send it to the registry The registry will take the SMD file as well and will verify actually four different things to see if he can register to the domain name for the registrar that provided this SMD file He will check the label in there Is the label actually in the SMD file Is this a valid SMD file meaning does the signature in there does that match Is this SMD file still valid in time So there is timestamps in there and l
49. n March The database API for the trademark database was completed in April There s a test environment to be available in July We ll talk a little bit about that The sunrise testing and sunrise production service are anticipated for August with the claims planned for September l Il comment on this these are outside dates what I m showing here and as IBM will share think they re aiming to reach some of those milestones sooner In terms of continuing work that surrounds the basic building of the Clearinghouse systems one of the things that we re working on is development of what for lack of a better word here I m calling the sunrise portal In earlier discussions there was an expressed suggestion that it would be helpful to have a location to track all of the sunrise information for all of the various teams would be going live Potentially a large number launching within a specific period of time and so there are processes for registries to submit with their startup information will be what the dates are what the relevant policies and requirements for the TLD are Where to go for information etc So we re working on building that tool DURBAN Trademark Clearinghouse TMCH E N Page 4 of 62 We re also have been working on inclusion of previously abused demand labels in the Clearinghouse This is also sometimes referred to as plus 50 and that is the capability for in a case where there has been
50. n our website as to which jurisdictions fall under these classifications which do not So we provide this information but we do note that a lot of information is not being read at this current moment Detailed description of goods and services here again we have an error rate of 14 percent so it s quite high especially if you think that you just need to copy paste what is on the trademark certificate into the database and that is still 14 percent incorrect For US trademarks we understand that this happens because on US trademark certificates sometimes goods and services are provided DURBAN Trademark Clearinghouse TMCH E N Page 17 of 62 between brackets and all the goods and services that are provided between brackets actually mean that the trademark is no longer protected in those goods and services so although at that moment a lot of people copy paste that information actually everything between brackets should be omitted from the Clearinghouse record because otherwise we will give incorrect information to a domain name applicant during trademark claims notifications For other reasons for goods and detailed description of goods and services is because the trademark certificate is in another language than an English language We actually ask you to provide the detailed description of goods and services in the language as on the trademark certificate So if for example trademark coming from Spain
51. nal things Oh sorry Thank you Karen for reminding me The upcoming webinars we had a slide on that part as well We are currently planning the one webinar a week We like every two weeks set up another webinar We will start off with the general sunrise and claims information and we ll go slowly into what we call master class sessions on the different topics from sunrise to claims and further on we all came together as said before to discuss what you want to see in the webinars If you don t have any topics we will obviously try to bring up topics ourselves and probably repeat these sessions as well because can imagine that new registries and registrars will come on board and they want to have the same information we provided earlier and we try to balance every other week the timing of the webinars also so that people around the world in different time zones can additionally attend the webinars DURBAN Trademark Clearinghouse TMCH E N DIRK DE BEVERE KAREN LENTZ Page 38 of 62 Obviously we cannot accommodate all the time zones but we try to balance that as good as we can so that if you are early in the morning or late in the evening or somewhere in the middle of the day you can attend the webinars Thank you Yeah Just the last comment that you saw on the foil 01 19 51 and Audrey discussed and spoke to on communications We ve added two elements that weren t on the foi
52. nterested is ongoing At this stage again we starting the performance and security testing start of August and then the beta testing for the registrars as already communicated will start on August 21 Until then and this is again what Audrey will discuss on the sandbox Until then until we get to these days the sandbox will be in place As soon as we go into the testing of the operational tests and evaluation environment the sandbox will be made redundant The go live claims period that we d announced in Beijing In August we are at the very end and a couple of days after that Which is September 9 Thank you Good morning My name s abital 01 01 39 and just want to quickly go over the sandbox environment Gustavo has mentioned that already Right now the sandbox environment which we have put in place to support all of you with a preliminary testing of all the communication toois 01 01 59 platform It is up and running and it s reachable on the URL which we put out here The actual connectivity will be communicated by Gustavo and as he said before Page 29 of 62 DURBAN Trademark Clearinghouse TMCH E N KAREN LENTZ UM JAN JANSEN Page 30 of 62 Just reach out to him in order to get that access As Dirk mentioned the sandbox environment will be available up until the actual operational testing and affiliation platform will go live and that will be on or before the go live of sunrise So f
53. om IBM Audrey Tembukom Note The following is the output resulting from transcribing an audio file into a word text document Although the transcription is largely accurate in some cases may be incomplete or inaccurate due to inaudible passages and grammatical corrections It is posted as an aid to the original audio file but should not be treated as an authoritative record DURBAN Trademark Clearinghouse TMCH E N Page 2 of 62 00 02 20 IBM Jan Jansen from CHIP and Don Fancher with Deloitte So look forward to having a discussion with you today What we intend to cover in this section will give an update on the project status and timelines generally speaking The Deloitte team will share with you the status of the verification services which they have up and running IBM will share with you plans relating to the sunrise and claim services which are in the process of being built currently and then we have a lot of time expected for questions and answers So just to review for anyone who might be new to this what TMCH is was proposed as a global database to support rights protection specifically and the trademark protection in the New gTLD space So it is designed as a global repository It verifies trademark information from rights holders all over the world It maintained in one centralized database and then that data is used and distributed appropriately to our registries and registrars who are using it during
54. onstitutes parts from ICANN from the validation provider Deloitte in this case and from IBM They each will work on their own entity obviously where we try to align the desks and make sure that we all know how to communicate with each other After communicating with each other we still have our own duties and obligations so ICANN is for all detail questions non technical no mark validation registration related questions Obviously Deloitte as Vicky has mentioned is there for all the TMCH marks validation and registration questions and IBM for all the technical questions related to sunrise and claims infrastructure Again all the best work independently but we try to synchronize and make sure that if you direct your questions to the wrong desk that we try to inform you and give you some advice on where to go We are working currently together to make sure that it these processes are in line and that we inform one and each other of the desks as well to ensure that you get the best support as possible Together with ICANN we are currently working on an on boarding welcomes package for sunrise and claims where instructions will be given on how to register and how to obtain support and also from the IBM side As you can imagine IBM is a large organization DURBAN Trademark Clearinghouse TMCH E N Page 35 of 62 We do have some procedures to make sure our desks are not flooded so you have to register yourself
55. onto an IBM website prior to getting support That is all documented and will be documented in the on boarding s package so that there s no question there on how to do that We will provide a self service portal and a service desk with a phone number so we encourage everyone to try to use as much as you can the self service portal but obviously if you cannot get the right answers you are free to give us a Call if you have been registered and we will provide you with the support needed as good as we can We have tried to give everyone as much flexibility as we know That is not just one person in each organization who can and who will handle all the issues There is no one who would be available 24 7 so we provide for each and every organization a maximum of up to five persons who can register themselves onto the IBM website That is our preference If you have less that s okay Hopefully we will not get flooded with questions and to make ten or twenty persons register Last but not least we are currently working to make sure that you get all the information centrally available so you don t have to search the Internet on where do get the support So we are working currently with ICANN and with Deloitte to make sure that the information that s available all the links on one or two webpages what we will provide you links for later on It s not there yet so we re working very hard on that but we will get there and make
56. r Abacus group or ligus 01 30 56 group and many other non Latin groups perhaps with the exception of China and perhaps Japan nearly everywhere else where non Latin scripts are used This is worrying not only because of the natural things and not only DURBAN Trademark Clearinghouse TMCH E N VICKY FOLENS Page 45 of 62 because we have three IDN TLDs but because of the nature of the ICANN priority list the sandwisis 01 31 16 will start precisely with the scripts would like to know whether you have created statistics for instance on which number of Arabic scripts any language whether Urdu or Arabic or Farsi or whatever are in the TMCH and would be between 0 and 5 Or in Cyrillic would say within O and 20 In any Cyrillic script language Russian or Belarus or whatever The question is here a request to you and to ICANN to help organize or something to raise awareness about that in these areas because repeat they are the first ones coming in time They will be there in September not September 2015 okay So we need to do something here Yes Thank you for that We are aware of that so we currently are translating the Clearinghouse guidelines in Arabic and other languages as well We have our website set up to facilitate multiple languages and we are working with a PR agency that has connections throughout the world as well to get news articles press releases all that information
57. rademark holder or trademark agent depending on who contracted with the Clearinghouse If it s an agent they have to submit it to their holders If a holder went directly then they receive the notifications from our side Hi James sing 01 49 51 This is in reference to the discussion that has been made prior about mixed script and the acceptance of mixed script DURBAN Trademark Clearinghouse TMCH E N UF UF VICKY FOLENS Page 57 of 62 It s true in the guidebook it says that all code 01 50 05 points in a single label will be inaudible 01 50 05 but it s also written in the guidebook that the secondary bus 01 50 14 supposed to be implemented under the ICANN implementation and that is accomplished even 01 50 20 There are exceptions to the rules and the rules allow mixed scripts in the second label so you do need to look at implementation to allow mixed scripts in certain cases especially Chinese and Japanese Thank you James So you re correct There are exceptions noted in the guidelines and was speaking to the general case but you re correct that there is a specific notation that there are certain cases where there are exceptions permitted to that where there are established rules around how those are used so we ve given the full IDN Guidelines to our partners Deloitte and IBM with that as the basis of implementation There are five more remote participation questions T
58. rface It s easy to use There s a memo on this as well For nonregistered trademark users just ask for a general query through our website Just one important note before we go over to DURBAN Trademark Clearinghouse TMCH E N UM VICKY FOLENS Page 26 of 62 statistics Just a quick reminder early bird registration is happening now so you are getting your discounts and even if you register now your trademark period or validity period will only start as of the first gTLD happening So we wanted to end our part of the presentation with a few numbers so that you have an idea what is currently in the TMCH As you can see here the number of holders that we currently have is around 800 We have 132 agents we have 5900 records representing 62 jurisdictions and these 5900 records currently present 11 700 labels As you remember there were setup some specifics for the special characters and alto 00 54 36 translators and that is the reason why obviously you have more labels then you have more records at this moment These are the top countries US by far number one again Does it say a lot at this moment No know we are only having over 5000 records It just gives you an idea where we are at this moment So the top ten currently is US France Great Britain Switzerland Spain Germany Sweden Canada Japan and Australia And you see that there are quite a number of countries that have shortened things a
59. rification service provider for that function is Deloitte the team that you see sitting here We currently have not approved any other validation providers for the TMCH at this time Thank you DURBAN Trademark Clearinghouse TMCH E N UM KAREN LENTZ UM UF Page 42 of 62 Reuben queue from dot br 01 25 34 It s a question for Deloitte Deloitte mentioned in the presentation that EGR procedures from ICANN and accredited EGR providers would be accepted as proof of trademark plus taste team 01 25 51 claims service would like to ask if that extends to ccTLD disputes which are done sometimes by providers that are also ICANN accredited dispute resolution providers Thank you Reubens you directed it to Deloitte but l Il answer it and let Vicky add something if she wishes So the question was in terms of documenting a label as having been previously abused according to some decision proceeding Currently that extends to the UDRP which is applicable to all names in the gTLD space and to decisions that have been rendered by a court in a particular jurisdiction We haven t extended beyond that to processes that several ccTLDs have that are similar for arbitrating those types of disputes There are as far as understand several of them and think we would need to look more closely at what their range of all of those was to consider whether they would be appropriate for the gTLD space and for the a
60. rom that moment onwards you will have the ability to inaudible 01 02 40 in the LTD platform full swing Where the sandbox environment will give you still very very limited possibilities It will verify for you the inaudible 01 02 54 as Gustavo explained and it gives you all the feedback normally during the upload which you normally expect from the system to respond to you if things are not in order Audrey Audrey I m sorry to interrupt you see in the pod that the remote users cannot hear you Could just speak closer to the microphone Yes Okay No problem hope this is better for the community So from that point of view the documentation will also be handed out Will be available to you how to connect and how to access So that s for the sunrise and claims Thank you Karen Jan Jansen here would quickly like to go over the sunrise and claims process with you We had a lot of questions about this Going back pretty much about one year Deloitte invited the registries and registrars to Brussels to have a little conference on talking about sunrise and claims We were introduced to the community consensus model by President Jeff thank you And there was a bit of back and forth between DURBAN Trademark Clearinghouse TMCH E N Page 31 of 62 ICANN and the community Gustavo thank you Gustavo introduced us to a specification of what the sunrise and the claims flow should actually be This was docu
61. rong and give you some percentages as to how many of these trademark records go for those reasons are incorrect So out of the batches of trademark records that come in about seven percent of them actually are incorrect because the name of the mark has been either misspelled or there was a typo The general rule is it needs to be an exact match as on the trademark certificate Now for word marks that s quite easy although we do see that there are holders and agents that actually mistype their trademark For example if your word mark is TMX with a space then you do not record on the TMCH that your trademark is TMX Why is that First of all that is not your trademark Secondly if you record it with a space then you re going to get more protection because you re going to receive the labels TMX and TM X so that is why we send them back to holders and agents So in the Clearinghouse guidelines we clearly state no trademarks with a dot are allowed We have noted that this has provided some complexity and confusion with trademark holders and trademark agents and we are working with ICANN to be a little more DURBAN Trademark Clearinghouse TMCH E N Page 14 of 62 lenient on that specific rule so that we could allow in some cases trademarks that include the dot to be accepted in the Clearinghouse We re working on clear guidelines on that As soon as we get those approved we can get them in the Clearinghouse guid
62. s have a tag on it and what the URL is and where the CINS file can be retrieved That s pretty much the two processes that wanted to describe Thank you Okay So information as Jan explains for these processes are out so be encouraged to have a look at it read it and make sure that you re familiar with it Furthermore on the sunrise and claims infrastructure we will provide you some manuals to the community Those will be available in both HTML formats as well as in PDF formats and they will be for each and every environment It will not be a duplicate of the information which is already there It will reference it so you can use both in combination Each user manual will have a section with a Q amp A s in there which will be giving you more background if you have certain common questions and provide you answers on that So from that point of view the sections will DURBAN Trademark Clearinghouse TMCH E N Page 34 of 62 come on the websites For sunrise and claims the first release documentation is available and all the others will come very soon so from that point of view you can read those documents already if needed If there any questions you can direct them obviously to us Dirk was mentioning also the support desk We provide for sunrise and claims infrastructures It s not just only the sunrise and claims part right it s the complete infrastructure you re going to use for a TMCH and that c
63. say and very positively say we do accept IDNs We do accept trademarks in a non Latin script So no matter the country no matter the DURBAN Trademark Clearinghouse TMCH E N Page 21 of 62 script the Clearinghouse does accept all these trademarks Currently we have about 150 trademarks in non Latin scripts We are aware of the fact that this number is very low We believe that this is caused by the fact that those rumors have been spread out and we are also very closely working with our PR offices and our trademarks agents to help us out in getting the information across and especially in the Chinese region and the Middle East region as well so that the people are aware of the TMCH and that they re aware of the fact that we are accepting non Latin scripts but we have no issues in accepting those and no issues in verifying those trademarks We have also understood from some agents that they have sometimes issues in setting or in putting the trademark actually in an A label So as you know the TMCH if you go through the web interface the labels that are generated on the basis of your mark are done automatically Agents that are working through the API this is not done automatically and some of the agents have some hard times in putting that together so we have actually as of last week Friday put a URL in production where you can easily put your trademark in an IDN formats and they will provide you the pini 00 44
64. se So that s the reason why we ask for the language of the UDRP case For court cases it s a little different because for court cases in principle there are no real online databases available so the name of the court needs to be provided reference number of the court s decision Again the language for the same reasons as the UDRP case but here we ask you to provide us a copy of the court case and you also need to submit the labels as to what you want to receive the trademark claim notifications on How will the verification process work Of course we have the general verification We were going to check to see that your UDRP case is indeed the service provider or the court name is correct and that the reference number is correct What do we check when we check the UDRP case or court decision We check to make sure that the name of the mark and the decision matches the name of the mark as provided on your trademark record We also check the registration number or a reference number and the decision against what is provided on the trademark record and we check the jurisdiction or the country of protection in the trademark record and that also needs to match DURBAN Trademark Clearinghouse TMCH E N UM Page 24 of 62 Those three items need to match before you can actually get it verified through the UDRP court case and we re going to check of course that the labels are indeed mentioned in the case as well
65. sure that that s on a very friendly location where you can put your questions out Okay self service portal just to give you a flavor as Dirk said 24 7 available out of Poland All the support will be in English so please provide DURBAN Trademark Clearinghouse TMCH E N Page 36 of 62 your questions in English also on the web portal You will see here already a contact DL 01 15 28 a number out of Belgium and a number in Poland The mail address and the URL for the self service portal You see on the left hand side the login page If you have registered yourself at the IBM website and you are provided with a username and password and that s where you can use it to login It will provide you with a service request screen later on once you have logged where normally it will pop up all your credentials already which the system knows What is unknown we ask you to fill in and make sure that your question is being put out very clearly so we can follow up very carefully Okay Communication we had a lot of discussions and heard a lot of discussions over the past days and in several sessions We will offer webinars to the community which will have a predefined part for the first couple of sessions and obviously a Q amp A part Then we will allow you to submit questions on the forehand which we can answer during those sessions if the layout of the webinars needs to change and then we obviously are open to d
66. th prioritization among trademarks and the sunrise The sunrises is meant to provide priority period for rights holders to register domain names in the TLD There were discussions about if a TLD has a particular local or regional or geographic focus do you have the capacity to prioritize and how they allocate among the requests that they get in the sunrise period There were some proposed exceptions to the idea of priority for sunrise So DURBAN Trademark Clearinghouse TMCH E N Page 6 of 62 examples of that that were given were again in the case of a geographically oriented TLD things like public institutions or names of public services that might not be a concern in terms of cybersquatting so there s been some discussion about a procedure where some limited exceptions to the standard sunrise could be considered and reviewed We also got feedback around IDN variance in the sunrise period and how those were treated Registries now and registries in the future will have IDN variance policies that concern how they bundle or allocate or block different names based on variant characters in a particular script So the initial version of this document that provided that the registries could continue to implement those policies in the registration processes but they would need to do it after the sunrise had concluded got a letter and feedback and questions on that and looked at the issues and considerations there The rev
67. their startup processes to implement the rights protection mechanisms We get a number of questions for this graphic is intended to depict the various functions that the Clearinghouse is doing because it does a few different operations and it touches a lot of different parties in the ecosystem we get a lot of questions around who does what and where should go for questions about such and such So we re obviously trying to improve the tools that people have to understand which functions sit where and where to go but just wanted to review a little bit here If you look at the top of the slide here you have rights holders submitting their trademark data into the Clearinghouse and that happens via the verification service that s currently operated by DURBAN Trademark Clearinghouse TMCH E N Page 3 of 62 Deloitte The database there in the middle is the repository of all of those Clearinghouse records and going out of the database the sunrise and claims services provide mechanisms for that data to be obtained by registries and registrars to use as they re starting up their TLDs So what you see in the middle the three pieces there that are bracketed is generally what s referred to as the TMCH and as you see it has a few pieces to it In terms of the timelines and milestones in the project this is think in line with what s been shared elsewhere during the week The verification service went live i

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