Trademark Claims Notifications

Since December 3, 2013, many new Generic Top-Level Domains (gTLDs) have became available for registration. These new TLDs include names such as .bike, .guru, .photography, and .careers, to name but a few. These new TLDs begin their launch with a Sunrise phase that is open to  trademark holders only. During this period, trademarks can be registered with the Trademark Clearinghouse (TMCH), and the trademark holders are then allowed apply to register the domain name associated with their trademark before registrations are available to the general public (General Availability or GA).

Once GA begins, if anyone tries to register a domain name that matches a trademark that has been registered with the Trademark Clearinghouse (TMCH), they will be warned that the name has a trademark registered against it. If they continue with the order, the trademark holder will be notified that a domain has been registered that matches their marks in the Clearinghouse, and they may choose to dispute that registration.  You cannot enable Contact Privacy for domains that match marks in the Clearinghouse.

This Trademark Claims notification service continues for 90 days after each TLD is made available to the general public.

What you see in the RWI

When you submit an order through the RWI for a domain name that might infringe on a registered mark,  you will see a message at the top of the registration form, telling you that the domain name is available but has a trademark claim on it.

What you see in the RWI

Click Submit if you want to place the order anyway. A notice appears at the top of the RWI letting you know that the order requires action by the registrant before it can be completed.

What you see in the Control Panel

When you submit an order through the Control Panel for a domain name that might infringe on a registered mark, the Domain Settings section of the order form displays Has Claim in the Had Trademark Claim field. If there are no claims, the field displays No Claim.

What you see in the Control Panel

If you submit the order, a dialog box appears that tells you that there is a trademark claim on the domain name.

Click OK if you want to continue with the order.

Trademark Information email sent to registrants

When you submit an order for a domain name that matches a registered mark, the order is saved as Pending and an email is sent to the prospective registrant telling them that the domain name matches at least one trademark record at the Trademark Clearinghouse. The letter contains a link that they need to click if they still want to register the domain.  

The letter to the registrant looks something like this:

Trademark Information email sent to registrants

The link in the email takes them to a page that lists the records at the TMCH that match the domain name they want to register and warns that they may or may not be entitled to register the name.

The page that lists the trademarks looks like this:

The registrant must click I agree to the terms to acknowledge that they are aware of the trademarks, and that to the best of their knowledge, their use of the domain name will not infringe on the trademark.

They have 48 hours from the time that the order is submitted to respond; otherwise, the order is cancelled.

Customizing the claims notification

Some customers may be suspicious of clicking a link that takes them to an OpenSRS page instead of one owned by their Reseller. In order to reassure your customers, you can set up a CNAME record to point to approve.domainadmin.comand then have your own URL appear in the claims notification email. You can add custom text to the Trademark Notice page, and you can specify the URLs where you want customers to be sent after they click one of the options in the Trademark Notice (either agreeing to the trademark notice terms or canceling the order).

Before you begin

If you want to specify your own hostname, you need to set up a CNAME record that points to approve.domainadmin.comand be sure to allow time for it to propagate before adding it to the claims notification.

To customize the claims notification

1. In the Profile Management section of the RWI, click Branding.

2. Scroll down to the section called Customize Claims Notification hostname and URLs.

3. In the Accepted URL field, enter the URL to which you want customers to be sent when they click I agree to the terms on the Trademark Notice.

4. In the Rejected URL field, enter the URL to which you want customers to be sent when they click Cancel on the Trademark Notice.

5.  In the Hostname field, enter the hostname that you want to appear in the claims notification email.

6. Click Save.

 

Customizing the claims notification

To add text to the Trademark Notice page

1.  In the Profile Management section of the RWI, click Branding

2. Scroll down to the section called Customize Claims Notification Page.

3. Enter your text in the Section - Header and Section - Footer text boxes.

4. Optionally, click Preview Text Changes to see what the page will look like with your added text.

Resending the claims email

If you need to resend the claims notification email to your customer, your can do so through the RWI or the Control Panel.

To resend the claims email from the RWI  

1. Under View orders, click View Orders in Progress.

2. Do one of the following:

  • Click the checkbox in the Resend Email column for that domain and then click Submit.
  • Click the domain name to view the order, and then in the Registrant Claim/Trademark Notification section, click Resend request to the domain owner.

 

Resending the claims email

To resend the claims email from the Control Panel, display the pending order, and from the Actions drop-down, choose Resend Claim Review Email.

Notices to trademark holders

If the registrant chooses to continue with the registration, the Trademark Clearinghouse then contacts the affected trademark holders to let them know about the domain name registration. At that point, each of the trademark holders can decide whether they want to take action and dispute the registration, through a UDRP (Uniform Domain-Name Dispute Resolution Policy) claim or other legal means.

Contact Privacy

You cannot enable Contact Privacy for domains that match marks in the Clearinghouse.

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