[Tmch-iag] Comments on Nov. 15, 2011 TMCH Advisory Group agenda items

[Jim von Raffenburg]

Hello everyone,

I am new to the ICANN world, so please understand any glaringly obvious observational errors on my part.

Regarding Item P1:

*         We prefer Approach (1) as modified below:

*         We agree the term for registered trademarks submitted to and verified by the TMCH should be qualified as a "validation" rather than as an authorization.

*         We believe that any registered trademark submitted to and verified by the TMCH be regarded as being "approved" as opposed to registered.

*         We believe that all trademarks filed with the TMCH be deemed as "listed" as opposed to registered.

*         We believe each trademark holder who submits one or more of their registered trademarks to the TMCH should be viewed as a single filer and that the "authcode" should represent the trademark holder, not each separate trademark. For trademark holders who submit more than one registered trademark, said "authcode" would serve as a primary identifier, with each separate trademark being identified after the "authcode" with a alpha and/or numeric suffix, if specificity of individual trademarks is required.

*         We believe the trademark holder requirement to provide verification of registration and use, as described in the New gTLD Applicant Guidebook 19 Sept 2011,  when submitting one or more trademarks to the TMCH for listing, should be the total extent of any verification requirement placed on trademark holders. This point included to seek clarification of the two types of "verification" addressed in the materials (TM holder verification when submitting a TM for listing with the TMCH, versus the requirement for the TMCH and/or a Registry to independently verify said submitted TM, via a check of the public records?).

Regarding Item P2:

*         We prefer Approach (1) as modified below:

*         TM holders already have relationships with one or more Registrars. Is it logistically possible to have a TM holder identify their preferred Registrar for Claims Notice requirements when they submit their trademark(s) for listing with the TMCH?  The TMCH would notify the preferred Registrar associated with a particular listed trademark once a domain name application is filed by a third party Registrar regarding said listed trademark. The preferred Registrar would then have the obligation to notify the trademark holder (already one of their customers).


Respectfully submitted for consideration.

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.
[http://www.firemountaingems.com/grafx/headers/fmgtranslogo.gif]<http://www.firemountaingems.com/>

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