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(i)Input on Special Trademark Issues (STI) Recommendations

  • To: "sti-report-2009@xxxxxxxxx" <sti-report-2009@xxxxxxxxx>
  • Subject: (i)Input on Special Trademark Issues (STI) Recommendations
  • From: Adebola Akinkugbe <Adebola.Akinkugbe@xxxxxxxxxxxxxxxxx>
  • Date: Tue, 26 Jan 2010 17:11:06 +0100

We have reviewed the Recommendations of the Special Trademark Issues (STI) 
commissioned by ICANN to consider the interests of trade mark owners, and the 
IPC letter in response to STI recommendations, particularly regarding the 
protection of rights of trademark owners and have the following comments;

1.      USE OF REGIONAL EXPERTISE: (Paragraph 2.2 and 2.4)- The concept of a 
Trademark Clearing House is lauded however our major concern is with respect to 
the process of collecting the data/information. Countries like Nigeria, which 
is yet to join the African Regional Intellectual Property Organization, would 
not readily benefit from this approach. We would require ICANN to provide 
additional assurance that the means of collecting trademark date will not be 
limited to obtaining information from the regional registries and that local 
registries will be involved.

2.      UPDATING THE TRADEMARK CLEARING HOUSE DATA BASE: In view of the fact 
that new trademarks are being developed and registered on a constant basis, the 
operation of the Trademark Clearing House should have the obligation to update 
(or procure the updating) of the database on a continuous basis.


3.      Costs of Operating the Clearing House: We align ourselves with the 
minority position of the Business Users Constituency to the effect that since 
the protection afforded by the clearing house is minimal (i.e. covers only 
registration of exact match of the registered trademark), the fee to be paid by 
users should be minimal.


Thank you for your consideration.

Adebola Akinkugbe
Associate

Aluko &
 Oyebode

35 Moloney Street, Lagos, Nigeria
Tel:                   +234 1 4628360
Mobile:              +234 703 412 7498
Email:               
adebola.akinkugbe@xxxxxxxxxxxxxxxxx<mailto:adebola.akinkugbe@xxxxxxxxxxxxxxxxx>


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