MarkMonitor's Specific Comments to Module 3

["Margie Milam" <Margie.Milam@xxxxxxxxxxxxxxx>]

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.