[gnso-rpm-wg] FOR REVIEW/DISCUSSION: Poll results on Open TMCH Questions

[Mary Wong]

Dear all,

For your review and discussion on the upcoming Working Group call this Wednesday 19 July, please find attached a collated summary of all the responses that were received to the poll that was conducted on design marks and geographical indications.

Notes:

  *   Poll questions #3, #4 & #5 (on “stylized marks”), #6, #7 & #8 (on “composite marks”), and #9 & #10 (on descriptive text in marks) were developed to gauge Working Group members’ views and consensus (if any) on the following open TMCH question:
Q7: How are design marks currently handled by the TMCH provider?


  *   Poll questions #11, #12 & #13 (on geographical indications and marks protected by statute or treaty) were developed to gauge Working Group members’ views and consensus (if any) on the following open TMCH question:
Q8: How are geographical indications, protected designations of origin, and protected appellations of origin currently handled by the TMCH provider?


  *   The latest version (dated 17 May 2017) of the full document discussed by the Working Group on the topics of design marks and geographical indications, along with the various proposals received from Working Group members on both topics, can be viewed on this wiki page:  https://community.icann.org/x/egffAw.

Please refer to the email below for the full agenda for the call this coming Wednesday, and note that updated documents for the Sunrise and Trademark Claims Charter questions were also circulated along with the agenda on Friday. There are also outstanding Action Items (see below) relating to the Sunrise questions – please send your comments on those to this list as soon as you can.

Thanks and cheers
Mary

From: Mary Wong <mary.wong at icann.org>
Date: Friday, July 14, 2017 at 16:12
To: "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
Subject: Agenda & updated documents for next RPM Working Group call on 19 July 2017

Dear all,

Please find below the proposed agenda for the next Working Group call (scheduled for next Wednesday 19 July at 1700 UTC). Updated Sunrise and Claims documents (see further below) are also attached to this email for your reference and review.

Agenda:

  1.  Roll call (via Adobe Connect and phone bridge only); updates to Statements of Interest
  2.  Continue discussion of TM Claims refined Charter questions (30 minutes)
  3.  Confirm scope of any further work on Sunrise and Claims questions, and whether that is to be done by the full WG or the Sub Teams
  4.  Review results of poll on Open TMCH Questions and agree on next steps for the general TMCH review
  5.  Next steps/next meeting

Please note:

  *   An updated document for the refined Sunrise Charter questions is attached – updates made as a result of the Working Group’s discussion on the last call of 12 July and as tracked by the Action Items sent out by Amr (below) have been highlighted in yellow. Please review the updates and send any corrections or suggestions to this mailing list at your earliest convenience.


  *   For Agenda Item #2 – a slightly updated Trademark Claims document is attached, showing only one update from the document circulated for the 12 July call. This update (in the form of a comment box) tries to capture the discussion over the collection of data relating to registration abandonment attempts for so-called “dictionary” terms.


  *   For Agenda Item #3 – staff will send a collated report of all the poll responses received on Monday 17 July, following the close of the poll later today (Friday).


  *   Finally, staff will continue to work with the Working Group co-chairs to review the data collection suggestions for Sunrise, to develop a proposal for prioritizing and ordering the collection exercise as well as a sequence for the Working Group’s review of the Charter questions for which data has been identified as needed.

Thanks and cheers
Mary

From: <gnso-rpm-wg-bounces at icann.org> on behalf of Amr Elsadr <amr.elsadr at icann.org>
Date: Thursday, July 13, 2017 at 15:18
To: "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
Subject: [gnso-rpm-wg] Action Items from GNSO Review of all RPMs in all gTLDs PDP WG Call - 12 July 2017

Dear Working Group Members,

Below are the action items from the WG call on 12 July. The action items, notes, meeting documents, recordings and transcripts can all also be found on the meeting wiki page here: https://community.icann.org/x/Z2jwAw[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_Z2jwAw&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=ppS-UuvX3CmlNZVlFBX40Dn3Ir5-WevG8ghaNVTvW7Q&s=ltcSj8w77Wzt6wZncRvaMPWjGZv4K1SHaCfceVZC8vk&e=>

Thanks.

Amr


Action Items:

Action Items for WG members:

  1.  WG to develop a definition for “Standard Pricing”
  2.  WG to follow up with a revision of the definition for “Premium Pricing”, to reflect higher prices for Premium Names
  3.  WG to suggest rewording for Q3 (refined) in the Sunrise Registrations document to include the ability of TM owners to challenge the classification of terms as Reserved Names as well as Premium Names, taking into account the fact that Premium Names may also be Reserved Names. Consider also whether use of the word "release" is appropriate in this context
  4.  WG to consider how best to rephrase TM Claims refined Q1 & 2, to more clearly delineate between the intent and effect of a Claims Notice and a Notice of Registered Name

Action Items for staff/co-chairs:

  1.  Staff to add “unfairly” to the second bullet of Sunrise Registrations refined question 2, so that it reads “Is there evidence that Registry Sunrise or Premium Name pricing unfairly limits trademark owners’ ability to participate during Sunrise?”
  2.  Staff to include Maxim’s comment on the scope of the ICANN “picket fence” in the document in reference to Q3 (refined) for Sunrise Registrations
  3.  Staff to archive the original Charter questions for Sunrise Registrations and use the reworded questions from now on, keeping the new comments from Johannesburg and deleting the older ones that have been resolved (the original questions and older comments will be recorded in an Annex for a comprehensive record)
  4.  Staff to post INTA survey results to the RPM WG wiki
  5.  Staff and co-chairs to review the Sunrise data collection questions to determine which would be easier, quicker and more of a priority to collect, to inform the order in which the WG tackles the refined Charter questions

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