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

[Paul Tattersfield]

Hi Phil,

Please see below the proposed wording to bring Rebecca's and Claudio's
proposals #4 & #5 together to reach consensus. We may also need some policy
principles on who has ultimate authority in the extremely unlikely event
the TMCH refuses to accept a mark that is within policy. But overarching
questions on ultimate authority are likely best served elsewhere.

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 and indications 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 other quality schemes
unless they also satisfy 3.2.1 or 3.2.2

3.2.7     Word marks here include service marks, collective marks,
certification marks and word marks protected by statute or treaty.

3.2.8     Sunrise and Claims services available through the TMCH are
limited only to word marks under sections 3.2.1, 3.2.2 and 3.2.3 (as
further limited by sections 3.2.5 and 3.2.6).

3.2.9     Nothing in section 3.2 shall exclude the TMCH provider and
registry operators from offering additional voluntary services to mark
holders (e.g. via ancillary databases). Any marks admitted pursuant to
section 3.2.4 which do not also qualify for submission under sections
3.2.1, 3.2.2 or 3.2.3 shall be held only in an ancillary database.

On Thu, Jul 30, 2020 at 4:16 PM Corwin, Philip <pcorwin at verisign.com> wrote:

> Can you please share the full text of the proposal from you, Rebecca and
> Claudio that we will be discussing today?
>
>
>
> Thanks
>
>
>
> Philip S. Corwin
>
> Policy Counsel
>
> VeriSign, Inc.
>
> 12061 Bluemont Way
> Reston, VA 20190
>
> 703-948-4648/Direct
>
> 571-342-7489/Cell
>
>
>
> *"Luck is the residue of design" -- Branch Rickey*
>
>
>
> *From:* GNSO-RPM-WG <gnso-rpm-wg-bounces at icann.org> * On Behalf Of *Paul
> Tattersfield
> *Sent:* Thursday, July 30, 2020 7:22 AM
> *To:* gnso-rpm-wg <gnso-rpm-wg at icann.org>
> *Subject:* [EXTERNAL] Re: [GNSO-RPM-WG] Simplified language to bring
> together individual TMCH #4 & #5 proposals
>
>
>
> Hi All, Please see below improved wording for 3.2.7 bringing together GAC
> advice and Mary’s / Staff observations and new clauses 3.2.8 & 3.2.9
> clarifying working group member’s policy intentions. Best regards, Paul
>
>
> 3.2.7     Word marks here include service marks, collective marks,
> certification marks and word marks protected by statute or treaty.
>
> 3.2.8     Sunrise and Claims services available through the TMCH are
> limited only to word marks under sections 3.2.1, 3.2.2 and 3.2.3 (as
> further limited by sections 3.2.5 and 3.2.6).
>
> 3.2.9     Nothing in section 3.2 shall exclude the TMCH provider and
> registry operators from offering additional voluntary services to mark
> holders (e.g. via ancillary databases). Marks under section 3.2.4 must be
> held in an ancillary database.
>
>
>
> *Implementation of Consensus Policy for the Protection of Red Cross & Red
> Crescent Identifiers*
> https://www.icann.org/news/announcement-2020-02-18-en
> <https://secure-web.cisco.com/1ndqdFZScX6xY3wAJjo75d47lU0adf8bKhc04Yg5ShCoAe5hC9KkRYeautAJoDZiO335mYsDnPXdw4eFntKvMrbY3d4mkOQsD6VPSLwq187UucURN2kuMNgRU_UXKv9u0IN008vapXiiDdkGJTtpY_V4Gln8vzh55jDcj734cnIuAMAl1pYstjuRXaQ7LNNxzXX2XahSI2utQ2-nP7lwg9SCOZQrc2oWWat6MJpF4mzcZGUHyDMJJLYYWHMQKGlFJXmLruHHjXdQ0tQYUIwZhXQ/https%3A%2F%2Fwww.icann.org%2Fnews%2Fannouncement-2020-02-18-en>
>
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