[GNSO-RPM-WG] Simplified language to bring together individual TMCH #4 & #5 proposals

[Paul Tattersfield]

Hi All,


Here is simplified language which brings TMCH #4 & TMCH #5 together after
discussions with Rebecca and Claudio.

The thinking is:
3.2.1, 3.2.2 & 3.2.3 flow to 7.1 claims & 7.2 sunrise
3.2.4 flows to any ancillary databases

3.2.5 qualifies 3.2.1
The new 3.2.6 qualifies 3.2.3 in a way that makes it evident that GIs & AOs
are implicitly accepted in 3.2.4.

Best regards,

Paul


3.2 The standards for inclusion in the Clearinghouse are:

3.2.1      Nationally or regionally registered word marks from all
jurisdictions.

3.2.2      Any word mark that has been validated through a court of law or
other judicial proceeding.

3.2.3      Any Word marks protected by a statute or treaty in effect at the
time the mark is submitted to the Clearinghouse for inclusion.

3.2.4      Other marks that constitute intellectual property.

3.2.5      Protections afforded to trademark registrations do not extend to
applications for registrations, marks within any opposition period or
registered marks that were the subject of successful invalidation,
cancellation or rectification proceedings.

3.2.6      Protections afforded to word marks protected by statute or
treaty, do not extend to [geographical] indications and designations [of
origin]


Notes:

This proposal seeks to address the various public comments seeking
clarification and tighter wording, by only introducing a small easily
understandable change to the existing text.

It also recognizes the separate legal status and the global importance of
GIs and will help GI’s reside in a shared ancillary database to support
voluntary RPMs like the “Limited Registration Period” LRP voluntary RPM for
.dot Paris.  If the mark holders wished it would even be possible to
publish a list of GIs whilst the main trademark database remains
confidential.
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