[Tmch-iag] Trademark Clearinghouse IAG - Issue T3 and Issue N2

[Winterfeldt, Brian]

Dear Trademark Clearinghouse IAG,

Please see my below comments on the following issues:

Issue T3
Dear Trademark Clearinghouse IAG,
The issue has been raised whether to use EPP as the communication protocol of choice for communications between the Trademark Clearinghouse and the registries and registrars.  While I understand that use of DNS or https in conjunction with xml are viable alternatives, I still believe that EPP should be the protocol of choice.  First, most registrars and registries already possess a working familiarity with EPP as they use it in their day-to-day operations, and it will be a required protocol between all registries and registrars in all new gTLDs.  Second, EPP was originally designed with the flexibility and adaptability in mind to extend its use in situations such as this.  Finally, the implementation costs for EPP are already well-known by all the involved parties, including ICANN itself.  To deviate from EPP would add more unknown costs and implementation variables when a workable, easily implemented solution of EPP is readily available.

Issue N2

Dear Trademark Clearinghouse IAG,
With respect to Issue N2, I agree that there should be penalties for any individuals making fraudulent submissions to the Clearinghouse.  If an individual does indeed make a fraudulent submission, then I believe that the appropriate penalty should be to forfeit that listing.  Should this individual make repeated fraudulent submissions, however, then I believe a lifetime ban from the Clearinghouse is an appropriate penalty.
Regarding the time period for revalidation in the Clearinghouse, I believe that annual or biannual revalidation periods create unduly burdensome reporting requirements for trademark owners, especially if a markholder chooses to register a significant number of marks.  Accordingly, I think that the revalidation period in the Clearinghouse should match the timeframe for renewal required in the applicant's trademark jurisdiction (e.g. a markholder in U.S. would submit his revalidation to the Clearinghouse when he also submits the corresponding renewal to the USPTO).

Thank you,
Brian
Brian J. Winterfeldt, Esq.
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, DC 20036
TEL 202.429.6260 | FAX 202.261.7547

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