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Archive for June, 2011

Can I apply for my brand to be used as a top level domain name? Yes ICANN.

On June 20, 2011, the board of Internet Corporation and Assigned Names and Numbers (ICANN) approved the long awaited plan to increase the number of generic top level domains (gTLD).  The previous selection included 22 gTLDs such as .com, .net., .asia, and .biz.  You will be able to apply for a gTLD containing your company’s federally registered brand (e.g., .ford, .coke or .abc). If you choose not to apply for a gTLD, you may still have the opportunity to register your brand as the second level domain name in conjunction with a generic term from your company’s industry registered by a third party.  Those who successfully complete the application process will be required to maintain a register for their gTLD and will be able to offer second level domains to others.

The arduous application process includes several technical requirements, as well as an objection period (similar to that of the publication period in trademark prosecution), and a fee of $185,000.  This is definitely likely to discourage cybersquatters.  ICANN is expected to launch a public information and education campaign.  The application process is set to begin January 12, 2012.

If you are seriously considering applying for a gTLD, advance planning can only increase your chances in obtaining your desired gTLD.  The application process is complex and requires expertise an Intellectual Property Attorney with knowledge in the area of gTLDs.  We are located just outside of Downtown Los Angeles in the City of Pasadena.

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How can I help prevent infringing products from entering the U.S.?

Once your trademark is registered with the United States Patent and Trademark Office, it may be registered with the CBP.  The CBP maintains a system wherein intellectual property rights can be recorded.  The CBP uses the information to prevent importation of goods bearing infringing marks.  The information is used at 317 ports of entry to the U.S.   If your mark is for goods, namely anything that can be or is regularly shipped into the United States, recordation of your intellectual property rights is essential to policing your trademark rights.

There is an application process to qualify for recordation, which your Trademark Attorney can assist in preparing.  There is a recordation fee of $190.  The application and fee can be submitted electronically to the Intellectual Property Branch of the CBP.  Applications submitted electronically can be processed within three (3) business days.  If the application and fee are submitted by mail, it can take up to six (6) weeks to process.  For more information you can go to https://apps.cbp.gov/e-recordations/ or contact an Intellectual Property Attorney.

Posted in Trademark Pitfalls | No Comments »