See what it looks like if you try to register a second level domain in a new TLD that matches a record at the Trademark Clearinghouse.
One of the rights protections mechanisms for new top level domain names is the Trademark Claims Notice.
For the first 90 days after a new top level domain name is available (post sunrise), domain name registrars must post this notice when someone tries to register a domain name that matches a mark registered with the Trademark Clearinghouse.
The notice explains that a company claims trademark rights to the term you’re trying to register, but this doesn’t necessarily mean you can’t register and use the domain name in a way that violates the claimed rights.
To see the Trademark Claims Notice in action, go to any registrar that’s currently offering Donuts’ domain names. Type in Virtue.guru into the search box, and then proceed through the checkout process.
Here’s what you’ll see at eNom:
The message includes the company that’s making the claim, the jurisdiction, class of goods, and the contact for the company.
GoDaddy displays a similar message, as most of it is mandated by ICANN. The only differences I notice are:
* GoDaddy’s message appears immediately after adding the domain to cart, while eNom’s is later in the checkout process
* GoDaddy and eNom bold different sentences in the notice
* At GoDaddy you click a button that says “Acknowledge Claim” while with eNom you click a yes or no button saying “I agree to the terms.”
If you go ahead and register the domain name, the trademark claimant will receive a notice of your registration.
Of course, there are perfectly legitimate reasons to register a domain name such as virtue.guru. New TLD applicants have expressed concern that this notice will have a “chilling effect” on registrations because people will be scared when they see it. They’re probably right.
Interesting. What happens therefore , I wonder out loud, if the person seeking to register has made a new trade mark application ,whereas the one filed with TMCH was already granted ?. Does that mean that WIPO ,who granted that party the earlier TM, can then also act as adjudicator as to whether this new registrant has right to the domain ?. This is the problem with UDRP not following trade mark laws/rules, in that in trademarks there are thousands of different classes of goods and services so as not to limited the numbers of persons who can use the same name for different goods/services. Anyway can only make the lawyers richer at expense of domainers.
This sounds like one big set-up by trademark holders even if you are planning on using the domain legitimately.
It just goes to show that big money controls everything and influences even the registration of domain names. This is nothing more than corporate diarrhea.
Good luck getting registrations on new TLDs. Even simple words like Water can be trademarked, so here comes the corporate bullies telling everyone what they can and can’t register.
The new TLD rollout is going to be one big sh*t bomb. Just watch how badly this rolls out.
Interesting, I have just brought 2 domains from Go Daddy , and was even given a email of Authority, however later on the go daddy trade team sent me an email stating unfortunately I can not sell my domain names ? Here they are http://www.googlespace.space and http://www.myspace.space.
These name were owned and payed by me , now when I was to sell them this activity and actions are denied??
It’s called cybersquatting.