[bc-gnso] FOR REVIEW: draft BC comment on ICANN's proposed rules for TM Matching

[Steve DelBianco]

As discussed during yesterday's BC meeting in Toronto, Elisa Cooper has proposed a comment regarding ICANN's proposed plan for matching rules for names entered in the Trademark Clearinghouse.

ICANN's Public Comment page for the proposed matching rules is here<http://www.icann.org/en/news/public-comment/tmch-docs-24sep12-en.htm>.   The Matching Rules document we are commenting on is here<http://newgtlds.icann.org/en/about/trademark-clearinghouse/matching-rules-24sep12-en.pdf>.

Below is the BC comment proposed by Elisa Cooper:

Subject: Trademark Clearinghouse Matching Rules for “@” and “&”

Upon review of the possible methods for translating “@” and “&” as described in the “Explanatory Memorandum: Implementing the Matching Rules”, the Business Constituency requests that the languages for translations of “@” and “&” be chosen on a per-record basis by the trademark owner.

The memorandum suggests that the language of translations should be based upon the official language(s) of the trademark registry.

Restricting translations to the official language of the trademark registry is problematic, particularly for global brands or for trademarks registered in countries where there is no official language.

Furthermore, requiring that translations of “@” and “&” match the official language of the trademark registry would likely result in additional costs to brand owners for additional submissions of the same mark to the Trademark Clearinghouse.

Initial comments closed 16-Oct.  At least one comment (link<http://forum.icann.org/lists/tmch-docs-sep12/msg00007.html>) refers to the language restriction, so the BC could file a reply comment by the Reply closing date of 7-Nov.

That gives us enough time to allow our regular 14-day review and approval period.  So, please reply all with your questions or suggestions regarding this draft, before 30-Oct-2012.


Steve DelBianco
Vice chair for policy coordination
Business Constituency
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