[Gnso-rpm-trademark] TM Claims Rewrite (sample) by AU WCL

[Kathy Kleiman]

Hi All,

As a member of the Subteam (not as a co-chair), and in furtherance of 
our excellent discussion of TM Claims Notice revisions, I know we are 
striving to provide some clear guidelines for the next version of the 
Notice. To that end, let me share a sample. I understand this is a TM 
Claims Notice rewrite by advanced trademark students at American 
University Washington College of Law (WCL). My understanding is that 
these students were also part of the WCL IP clinic and involved in 
providing trademark counseling and other IP services to entrepreneurs 
and small businesses.

It is an interesting rewrite and may be useful to our thinking about 
changes, approaches, etc. (I note it was timely submitted to our 
"additional data".) Below and attached (attached is the original 
formatting).

Best, Kathy

___________________________________________________________________________________________

_TRADEMARK NOTICE _

Thank you for registering a new domain name! Before your domain name is 
finalized, please consider all of the following information below:

*Why am I receiving this notice?**
*You are receiving this notice because your domain name application 
matches at least one trademark record submitted to the Trademark 
Clearinghouse.

*What is a trademark and what is the Trademark Clearinghouse?**
*A trademark includes any word, name, symbol, device, or any combination 
that has been protected by the owner to identify their brand, business, 
goods, and/or services.

The Trademark Clearinghouse system is a database of trademarks that have 
been registered, are protected by statute, or court validated in any 
country around the world. To get into the database rights holders must 
apply by sending their registration information to the Trademark 
Clearinghouse, which is currently administered and maintained by 
Deloitte. Information is authenticated from rights holders and once 
approved it is put into the database and provided to registries 
(Godaddy.com) and registrars (.book, .movie, .parts, .bike…..etc.).

*Does this mean I can’t register my new domain name?**
*This notice does not prevent you from registering your domain name nor 
does it prevent you from using it. It is merely being used to inform 
you, the registrant, that there is a chance that someone else owns the 
rights to the use of your domain name based on the trademarks listed 
below in the Clearinghouse.

*How do I know if my Domain Name is problematic?**
*The trademark(s) listed below appear because your domain name matches, 
either completely or partially, to the mark(s) in the Clearinghouse. A 
match does not necessarily indicate a problem, however if your domain 
name is used in a similar way to one of the marks listed and there is a 
significant overlap you may not be able to register your domain name.

*Does my Domain Name significantly overlap?**
*When looking to see if your domain names significantly overlaps with 
one of the listed trademarks please consider the following . . .
 Are the goods and services listed for the mark the same or similar to 
the goods and services surrounding your domain name?
  Example: Registering microsoftstuff.tech for a blog about Microsoft 
products would be a significant overlap with the Microsoft trademark 
because a consumer could be confused.
  Example: Registering ilovecars.auto for a website showcasing 
photographs taken of cars would not be a significant overlap with the 
Cars trademark for the animated Pixar film.

If you have any further questions please go to the ICANN website or if 
you think your matter would cause a significant amount of trouble, 
please consider consulting an intellectual property attorney.

After reading this notice you are now aware of your rights as well as 
the rights of other trademark owners, and by continuing to proceed with 
registration you know to the best of your knowledge that you will not 
infringe on the trademark rights of others.

Trademarks are listed in the Trademark Clearinghouse:
1. Trademark ABC
2. Trademark DEF

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