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<p>Hi All,</p>
<p>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. <br>
</p>
<p>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).</p>
<p>Best, Kathy</p>
___________________________________________________________________________________________<br>
<p><u>TRADEMARK NOTICE </u></p>
<p>Thank you for registering a new domain name! Before your domain
name is finalized, please consider all of the following
information below:<br>
</p>
<p><b>Why am I receiving this notice?</b><b><br>
</b>You are receiving this notice because your domain name
application matches at least one trademark record submitted to the
Trademark Clearinghouse.<br>
</p>
<p><b>What is a trademark and what is the Trademark Clearinghouse?</b><b><br>
</b>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.<br>
</p>
<p>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.).<br>
</p>
<p><b>Does this mean I can’t register my new domain name?</b><b><br>
</b>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.<br>
</p>
<p><b>How do I know if my Domain Name is problematic?</b><b><br>
</b>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.<br>
</p>
<p><b>Does my Domain Name significantly overlap?</b><b><br>
</b>When looking to see if your domain names significantly
overlaps with one of the listed trademarks please consider the
following . . .<br>
Are the goods and services listed for the mark the same or
similar to the goods and services surrounding your domain name?<br>
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.<br>
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.<br>
</p>
<p>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.<br>
</p>
<p>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.<br>
</p>
<p>Trademarks are listed in the Trademark Clearinghouse:<br>
1. Trademark ABC<br>
2. Trademark DEF<br>
</p>
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