[Tmch-iag] Comments on new issues from 11/30/11 meeting

[Jim von Raffenburg]

P3- I am uncertain regarding whether the future TMCH will be an active or passive service.

As mark holders will be paying for listing their registered marks with the TMCH, is it not reasonable to require the TMCH monitor Registrar inquiries regarding listed marks? If yes then the TMCH should notify the mark holders when said inquiries occur. This could be done via an automated email program tied to each Registrar inquiry. Thus the TMCH would be an active service.

If the TMCH is to be a passive listing service, then there is no reasonable alternative to requiring each Registrar to notify mark holders based upon the information available to them from the TMCH listings prior to any registration of a new domain name in the applicable new suffix.

It sounds like the issue is one of cost and who pays it. The burden should on the mark holder to protect their marks in commerce. Therefore the listing fee charged by the TMCH to list a mark would need to be sufficient to cover this notice expense of the TMCH.

P5- The same logic applies here: The service is intended to prevent someone from registering, either deliberately or not, a new domain using a registered mark. The beneficiary is the domain applicant who is working through a Registrar. Thus the claims check should be performed by that Registrar and paid for by the domain name applicant.

  Jim
Jim von Raffenburg, CIPO
Legal Affairs Manager
(541)956-8339
vonraffenburgj at firemtn.com<mailto:copyrightpermission at firemtn.com>

www.firemountaingems.com<http://www.firemountaingems.com/>
Fire Mountain Gems and Beads, Inc.
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