Registries

Additional terms for Trademark Clearinghouse

Should you wish the Registrar to place or renew a trademark record in the Trademark Clearinghouse, the Trademark Clearinghouse imposes certain conditions. As set out in our Terms and Conditions, by placing an order with us in respect of Trademark Clearinghouse services you agree to be bound by these conditions as follows: (see clause 12 for definitions)

  1. Trademark Holder authorises Nom-IQ Limited trading as the Registrar to submit Trademark Records as its Trademark Agent for inclusion in the Trademark Clearinghouse.
  2. Trademark Holder acknowledges that upon Activation, the Trademark Record(s) may be transferred to the Database Provider in order to obtain NORNs.
  3. Trademark Holder authorises the Registrar to download and use its SMD Files as appropriate for the provision of the Trademark Clearinghouse Services.
  4. Trademark Holder authorises the Registrar to grant the Mandatory Licenses on its behalf, and that such Mandatory Licenses will be binding on us.
  5. Trademark Holder authorises the Registrar to act on its behalf with respect to the Dispute Resolution Procedures.
  6. Trademark Holder authorises the Registrar to perform any other obligation under the Clearinghouse Validation Terms and Conditions for Trademark Agents
  7. Trademark Holder warrants that, to the best of its knowledge and belief, all Trademark Holder name and contact details (including email address), Trademark Records, information and documentation, including proof of use, submitted by Trademark Holder to the Registrar in the order form, via the DNS-Dashboard or otherwise is accurate, complete, up-to-date and not fraudulent or being provided for any improper purpose.
  8. Trademark Holder agrees to co-operate in any verification by Deloitte of Trademark Holder name and contact details (including email address) at Deloitte’s expense.
  9. Trademark Holder warrants that the trademark data which it is seeking to have entered into the Trademark Clearinghouse does not infringe the intellectual property rights of a third party. Trademark Holder agrees to hold harmless CHIP S.A., Deloitte, ICANN, the Database Provider, the Registrar and the successors and assigns of each of them, against all and any claim of any kind whatsoever and any damages, interests, settlements or costs of any investigation, litigation or settlement (including any reasonable attorney’s fees or other legal fees) that may arise or result from (a) any incorrect or fraudulent use by Trademark Holder of the Trademark Clearinghouse, (b) allegations of intellectual property infringement by third parties, or (c) incorrect or outdated information submitted by us and maintained in the Trademark Clearinghouse.
  10. Trademark Holder (i) acknowledges that Personal Data will be exchanged by and between the Registrar, CHIP S.A., Deloitte, the Database Provider, ICANN, registries, registrars and domain name registrants as part of the services being provided by the Registrar and the Trademark Clearinghouse; and (ii) acknowledges and consents to the transfer of Personal Data provided by Trademark Holder between the above-named parties for the performance of the above-mentioned services.
  11. Trademark Holder acknowledges and agrees to the Trademark Clearinghouse’s privacy statement.

Definitions

Activated or Activation: A Trademark Record is activated when the TMCH has determined that a Trademark Record meets the eligibility requirements as stated in the Trademark Clearinghouse Guidelines.

Dispute Resolution Procedures: the dispute resolution procedures provided at www.trademark-clearinghouse.com.

Mandatory License: the non-exclusive, transferable, sub-licensable, royalty-free worldwide license granted by the Trademark Holder to Deloitte, ICANN, the Database Provider and any of such parties’ successors or assigns, to use any data submitted by or on behalf of the Trademark Holder, including but not limited to Trademark Records for the purposes of the Trademark Clearinghouse.

Notification of Registered Name (NORN): Notification sent by the TMCH during a Sunrise Period or Trademark Claims Period that a domain name has been registered that matches a label for a Trademark Record.

Order Form: the Registrar TMCH order form, completed to the satisfaction of the Registrar and in the manner prescribed by the Registrar (eg word document, excel spreadsheet etc).

Personal Data: Data provided about any identified or identifiable natural person, or as otherwise specified by applicable law.

SLD: means second-level domain, representing the label to the left of the dot preceding the TLD (eg in the domain name “second.top”, “second” is the SLD).

SMD: Signed Mark Data (see SMD File below).

SMD File: The file that is given once the Trademark Record is Activated. The SMD File permits registration of labels related to the Trademark Record within a top-level domain during a Sunrise Period as long as the registry’s policies are complied with.

Sunrise Period: Period of time during which a registry accepts domain name registrations prior to domain registrations becoming generally available.

TMCH: Trademark Clearinghouse.

Trademark Agent: A person or organization that acts on behalf of a Trademark Holder under the terms of the Trademark Clearinghouse Validation Terms and Conditions for Trademark Agents. the Registrar is a Trademark Agent.

Trademark Claims Period: Period of time following the opening of a top-level domain for general domain name registration during which Trademark Holders are allowed to receive NORNs.

Trademark Clearinghouse Guidelines: The guidelines available at www.trademark-clearinghouse.com.

Trademark Clearinghouse Services: means services provided by the Registrar as follows:

  1. advising strategy for submitting Client’s Trademark Records to the TMCH and selecting domain name labels with a view to registering SLDs in new gTLDs during the relevant Sunrise Period and/or using the Trademark Claims Service;
  2. submitting and maintaining Client’s Trademark Records in the TMCH, pursuant to Client’s Order Form(s), including proof of use where applicable;
  3. receiving and responding to notifications from the TMCH on Client’s behalf, including (without limitation) notifications in relation to expiry of trademarks, verification of Trademark Records (the TMCH will do this annually), re-verification of proof of use (every five years), change of ownership and NORNs; and
  4. receiving and using SMD Files to request sunrise registrations.
    Trademark Clearinghouse Services are provided subject to the TMCH’s (i) Clearinghouse Validation Terms and Conditions for Trademark Agents; (ii) Payment Terms and Conditions; (iii) Fee Schedule; (iv) Trademark Clearinghouse Guidelines; and (v) Dispute Resolution Procedures (all available at www.trademark-clearinghouse.com).

Trademark Holder: Owner, licensee or assignee of a trademark or other mark.

Trademark Record: A complete and correct set of information concerning a trademark or other mark submitted to the TMCH.

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