Managing Mission：Critical Domains and DNS

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The Trademark Clearing House

For a good number of new TLDs under which you won't or can't directly register your names, you can gain some defence of your marks by making use of the Trademark Clearing House.

This provides a mechanism where you register your marks, allow other parties to register labels matching those marks, provided they go through an additional step where they are made aware of the contending marks and affirm that their use of the domain does not infringe on the mark.

When registering an affected domain, you may see an additional step, as in the following screen, which occurred upon registering our planb.works domain and ran into the trademark asserted by the Plan B contraceptive (one reason why we never ended up using that name after all). Take a look at this screenshot:

Figure 3.2: Confirmation to acknowledge a non-competing trademark for a name

The problem in my mind with the Trademark Clearing House is that you need have your marks in it before you can apply for Sunrise applications for any of the new TLDs, but the terms only last 90 days to a year. Which means yet another service you're committed to subscribing to and renewing in order to "defend your marks."