[GNSO-RPM-WG] AGB TRADEMARK CLEARINGHOUSE 3.2 v 7.0

[Paul Tattersfield]

Isn’t it simply parts of 3.2 are poorly drafted and only for the
“inclusion” of marks into the TMCH whereas the actual RPMs to be afforded
are more precisely* drafted in 7?


* 7.*

*PROTECTION FOR MARKS IN CLEARINGHOUSE *The scope of registered marks that
must be honored by registries in providing Trademarks Claims services is
broader than those that must be honored by registries in Sunrise services.

7.1 For Trademark Claims services - Registries must recognize and honor all
word marks that have been or are: (i) nationally or regionally registered;
(ii) court-validated; or (iii) specifically protected by a statute or
treaty in effect at the time the mark is submitted to the Clearinghouse for
inclusion. No demonstration of use is required.

7.2 For Sunrise services - Registries must recognize and honor all word
marks: (i) nationally or regionally registered and for which proof of use –
which can be a declaration and a single specimen of current use – was
submitted to, and validated by, the Trademark Clearinghouse; or (ii) that
have been court-validated; or (iii) that are specifically protected by a
statute or treaty currently in effect and that was in effect on or before
26 June 2008.

[AGB Version 2012-06-04]

*Though it would seem the word “registered” should be omitted from the
first sentence in 7 unless it means registered with the TMCH
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