[bc-gnso] FOR REVIEW: draft BC comment on ICANN's proposed rules for TM Matching

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

As discussed during yesterday's BC meeting in Toronto, Elisa Cooper has 
proposed a comment regarding ICANN's proposed plan for matching rules for names 
entered in the Trademark Clearinghouse.

ICANN's Public Comment page for the proposed matching rules is 
here<http://www.icann.org/en/news/public-comment/tmch-docs-24sep12-en.htm>.   
The Matching Rules document we are commenting on is 
here<http://newgtlds.icann.org/en/about/trademark-clearinghouse/matching-rules-24sep12-en.pdf>.

Below is the BC comment proposed by Elisa Cooper:

Subject: Trademark Clearinghouse Matching Rules for “@” and “&”

Upon review of the possible methods for translating “@” and “&” as described in 
the “Explanatory Memorandum: Implementing the Matching Rules”, the Business 
Constituency requests that the languages for translations of “@” and “&” be 
chosen on a per-record basis by the trademark owner.

The memorandum suggests that the language of translations should be based upon 
the official language(s) of the trademark registry.

Restricting translations to the official language of the trademark registry is 
problematic, particularly for global brands or for trademarks registered in 
countries where there is no official language.

Furthermore, requiring that translations of “@” and “&” match the official 
language of the trademark registry would likely result in additional costs to 
brand owners for additional submissions of the same mark to the Trademark 
Clearinghouse.

Initial comments closed 16-Oct.  At least one comment 
(link<http://forum.icann.org/lists/tmch-docs-sep12/msg00007.html>) refers to 
the language restriction, so the BC could file a reply comment by the Reply 
closing date of 7-Nov.

That gives us enough time to allow our regular 14-day review and approval 
period.  So, please reply all with your questions or suggestions regarding this 
draft, before 30-Oct-2012.


Steve DelBianco
Vice chair for policy coordination
Business Constituency