[Tmch-iag] p1 and p2 Comments

[John McElwaine]

Dear Advisory Group:

 

following are my comments on P1 and P2:

 

P1 - Sunrise Domain Registration Authorization

 

Terminology.

 

*         I agree with the comments on being intentional with
terminology and abbreviations.  In particular, I would suggest using the
term "validation" instead of "authorization".

 

*          I might also suggest using the term "recording" in place of
"registering" when referring to the act of enrolling a trademark in the
Trademark Clearinghouse.  

 

*         We should not use the term "registrant" to refer to a
trademark owner that has recorded its trademark in the Trademark
Clearinghouse.  I would suggest  using "Trademark Owner" or "Applicant"
where appropriate.

 

Approaches.

 

*         I agree that it is unclear as to what level the "authcode"
drills down to.  In other words, is it a code that is unique to a
Trademark Owner, the text mark in general  (regardless of jurisdiction)
or the trademark record issued by a jurisdiction.  Since it may be
possible to have Sunrise Processes that intends to gives "priority" to a
certain trademark registered in a particular jurisdiction, my gut is
that the "authcode" will have to be at the trademark record level.

 

*         This may be a minor point, but I can foresee many applicant
that are not continuously taking part in Sunrise Processes or which have
large portfolios of trademark losing track of their "authcodes".  There
needs to be an efficient manner for agents and Trademark Owners to
obtain re-issued authcodes.  I also believe that we need more detail
concerning the re-issue process.

 

*         I believe that there needs to be some discussion concerning
the process of verifying  "authcodes" to their Trademark Owners that are
taking part in a Sunrise Process.

 

 

John C. McElwaine

Partner
john.mcelwaine at nelsonmullins.com

Nelson Mullins Riley & Scarborough LLP

Liberty Center, Suite 600
151 Meeting Street, Charleston, SC 29401-2239
Tel: 843.720.4302 Fax: 843.722.8700 

101 Constitution Avenue, NW, Suite 900
Washington, DC 20001
Tel: 202.545.2939 Fax: 202.712.2862 

www.nelsonmullins.com
(View Bio
<http://www.nelsonmullins.com/attorney/charleston/john-mcelwaine> )


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