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Trademark Clearinghouse Comments

  • To: <proposed-protection-mechanisms@xxxxxxxxx>
  • Subject: Trademark Clearinghouse Comments
  • From: "Anne E. Aikman-Scalese" <aaikman@xxxxxxxxx>
  • Date: Sat, 21 Nov 2009 22:58:54 -0700

Changing the name to Trademark Clearinghouse is advisable.  Use of the
Trademark Clearinghouse should be mandatory for all registrars.  The
cost of the Trademark Clearinghouse should be borne by those seeking
secondary registrations in the new TLDs.  There should be a phonetic
search mechanism when a potential second level registration is being
searched so that misspellings do not get through.  For example
kocakola.drinks should not be registrable.   For good examples of
workable phonetic search capability, please see www.trademark.com    To
implement this more comprehensive approach, please consider obtaining a
bid from Micropatent, especially since they already have a wide global
database with a phonetic search capability.  The Trademark
Clearininghouse should have the power to raise red flags based on agreed
standards even if the domain to be registered is not identical to the
registered or validated unregistered mark.  Checking with the Trademark
Clearinghouse should provide a safe harbor for the registrar if no red
flags are raised by the independent operator of the Trademark
Clearinghouse.  The gTLD Registry Agreement should require that any
Applicant who fails to check a registration in the Trademark
Clearinghouse or sells second level registrations in spite of getting a
red flag report from the independent operator of the Clearinghouse
waives objections to jurisdiction in any forum selected by the trademark
holder who is complaining of infringement in the registration process.
The same obligation should run through to the second level registrant. 


Anne E. Aikman-Scalese
aaikman@xxxxxxxxx <mailto:aaikman@xxxxxxxxx> 
Waterfall, Economidis, Caldwell, Hanshaw and Villamana P. C.
5210 E. Williams Circle Suite 800
Tucson AZ 85711
(520) 202-7835 (Voice)
(520) 745-1279 (Fax)

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