MarkMonitor's Specific Comments to Module 3
MarkMonitor is pleased to submit the following additional comments regarding the Guidebook: Definition of Rights Holder: Section 3.1.2- Definition of Rights Holder. The Guidebook should provide more clarity on what constitutes a "Rights Holder." For example, with respect to trademark rights, the Guidebook should specifically address what types of trademark rights are eligible for disputes, such as whether common law rights, trademark applications, or trademark registrations and trade names qualify. While the definition does not have to be exhaustive, it could provide examples of what types of rights would be eligible for objection based on a general understanding of trademark law, as well as other types of rights that are contemplated. Objection Fees: The objection fees are high and duplicative. If a rights holder has several applications for the same TLD for which it desires to file an objection, it should only pay one objection fee, not multiple ones. Erroneous DRSP Decisions: Section 3.4.6- The Guidelines should allow for a procedure to appeal a clearly erroneous DRSP decision.