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Have questions on trademark objection? Here are some commonly asked questions with solutions. Have a look at them and this will help for the successful trademark registration process. Read ahead!

  1. What happens if there is more than one Objection to an applied-for New gTLD?

In certain scenarios, such as where multiple objections are filed against the same application, to streamline costs and for procedural efficiency, the WIPO Center will endeavor where appropriate to consolidate such objections for determination by a single panel; in such consolidated cases, a separate determination would be rendered for each objection. Within seven days of the WIPO Center’s notification of the commencement of the response filing period to the applicant, the parties themselves may also propose, for the WIPO Center’s determination, in its discretion, that objections be consolidated. The WIPO Center may take into account factors such as whether the same or similar application is at issue; any request/opposition of the parties; the trademarks/evidence relied-upon; or expert availability.

2. What level of Objection-related information is made publicly available?

Upon registering an objection for processing, the WIPO Center will post on its website the following information about the objection: the proposed string to which the objection is directed; the names of the objector and applicant; the grounds for objection (i.e., “Legal Rights Objection”); and the date of the WIPO Center’s receipt of the objection.

On conclusion of a case the WIPO Center will post the determination in full on its website, unless in exceptional circumstances the panel has deemed it appropriate to redact portions of its determination.

3. Do parties retain their court options?

The availability of the Legal Rights Objection as an administrative dispute resolution option does not preclude court options which either party may have to submit the dispute to court.

4. What is the WIPO Center’s role in Legal Rights Objections?

The WIPO Center’s role is limited to case administration, including verifying that the objection and response satisfy the relevant filing requirements, issuing case related notifications, appointment of the panel of experts, coordinating communications between the parties and panel, and otherwise facilitating efficient case resolution. The WIPO Center is independent and impartial in this case administration role; the merits of an objection are determined by the appointed expert.

5. Background on WIPO’s involvement in Legal Rights Objections

In December 2007, ICANN sought “Expressions of Interest from Potential Dispute Resolution Service Providers for [its] New gTLD Program.” In January 2008, the WIPO Center signaled its readiness to assist ICANN in devising and applying appropriate trademark-based dispute resolution procedures for New gTLDs. From that time, using the WIPO “Joint Recommendation Concerning Provisions on the Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet” as a foundation, the WIPO Center has collaborated with ICANN on the development of substantive criteria and procedural rules for pre-(TLD) delegation dispute resolution for trademark-based Legal Rights Objections as set out in module 3.5.2 of the ICANN Applicant Guidebook. The WIPO Center subsequently accepted to administer disputes under the ICANN Legal Rights Objection Procedure; the ICANN Applicant Guidebook includes the resulting WIPO Rules for New gTLD Dispute Resolution including a Schedule of Fees and Costs.

6. What trademark protection mechanisms are available after new gTLDs are approved?

Beyond the above-described pre-delegation objection procedures (available prior to any new gTLD being approved and becoming operational), ICANN has established a range of “Rights Protection Mechanisms” (RPMs). These include a Trademark Clearinghouse (for use in connection with Sunrise periods and Trademark Claims services), a Uniform Rapid Suspension system (URS), and a Post-Delegation Dispute Resolution Procedure (PDDRP). In addition, the existing Uniform Domain Name Dispute Resolution Policy (UDRP) will be applicable to all new gTLDs. More information on these RPMs can be found in the WIPO Center’s overview of Trademark Rights Protection Mechanisms for New gTLDs.

Additional information on WIPO’s involvement in the Domain Name System

WIPO has been engaging with Alternative Dispute Resolution (ADR) for the Domain Name System (DNS) since it conducted the First WIPO Internet Domain Name Process in 1998 and 1999, which provided the blueprint for ICANN’s adoption of the UDRP. With a globally unique range of jurisprudential resources, the WIPO Arbitration and Mediation Center is the leading provider of UDRP case administration services; through 2011, it has processed over 22,000 such cases. The Center furthermore has engaged in a range of further activities such as Sunrises, ccTLD policy advice and case administration, and policy input for New gTLDs.

  • WIPO Observations on New gTLD Dispute Resolution Mechanisms
  • Selected WIPO correspondence with ICANN
  • Domain Name Disputes (including UDRP)

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