Geographical Protection

["Michael D. Palage" <michael@xxxxxxxxxx>]

Dear ICANN Staff,

 

I appreciate and support the need to prevent abusive registrations of
geographical identifiers, however,  I respectfully submit that what ICANN is
doing is making new international law which will wrongfully interfere with
the legal rights of businesses.

 

To highlight this point could ICANN please explain to the community on what
basis it can deny an application by Bern Unlimited, LCC which owns the
following national trademark registrations:

 

United States Patent and Trademark Registration

Word Mark BERN 

Goods and Services IC 009. US 021 023 026 036 038. G & S: Protective helmets
for non-motorized sports. 

Serial Number 78594425 

Filing Date March 24, 2005 

Owner (REGISTRANT) Bern Unlimited, LLC

 

CTM Registration

Word Mark: BERN

Registration No: 006539431

Registration Date: 27/11/2008

Goods and Services: Protective Helmets 

 

Pending Canadian Registration

Word (Logo): BERN

Application No.: 1427342

Filing Date: 2009-02-10

 

Now multiple national governments are granting this business the legal right
not only to use the mark in commerce but to protect it against others using
it in a confusingly similar manner.  However, under ICANN's proposed rules
this business will be prohibited from applying for a TLD if the Swiss
government does not gives its approval or non-objection.