[Tmch-iag] N5 Comment

[John McElwaine]

Dear IAG:

 

As mentioned on our last conference call concerning the N5 issues of
translation of symbols, I had put forth the idea that a trademark
registration owner should be able to provide a translation of its
symbols.  This functionality is important because in many languages
symbols might have multiple meanings.  For instance the + symbol can be
translated in English as "and", "plus" or "positive".  In other words,
Google + is "Google Plus" not "Google And" or "Google Positive".  A
further reason to allow a trademark owner to designate the translation
of its symbols is that it relieves this burden from the TMCH helping to
keep costs down.  A challenge could be put into place for a translation
that was false or fraudulent.  

 

With respect to subsection (d) concerning plural and marks contained, I
would further suggest that if TMCH policies were developed to allow an
applicant to self-identify translations of its mark, then I believe it
is worth considering whether - only for trademark claims notices - that
the policy should be expanded to allow a trademark owner to designate
other generic terms related to the trademark registration being entered
in the TMCH.  This may help avoid some squatting such as
AppleComputers.gTLD or HBOMovies.gTLD.  It is my understanding that a
similar process had been implemented in the past by .ASIA allowing
registrants to submit a list of marks including other words contained in
the Nice classification(s) of the trademark's registration.
http://www.wipo.int/classifications/nice/en/classifications.html   I
believe that the text of Trademark Claims Notice in its current form
with just minor revisions could provide such notice without any chilling
concerns toward domain name registrants.

 

Thanks,

 

John

 

 

 

 

 

 

 

 


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