Question
Do I need the Trademark Clearinghouse (TMCH)?
Answer
If you are not planning to do anything with new gTLDs, there is no need to submit your trademark to the TMCH. However, submission gives you the following advantages:
- You can register yourtrademark.tld in the Sunrise period of a newly launched extension.
- You are notified if somebody else registers yourtrademark.tld in the Trademark Claims period.
- During the Trademark Claims period, registrants are informed about the existence of your trademark if the try to register yourtrademark.tld
- Some registries offer additional services to TMCH validated trademarks, like protected marks lists.
If you do not submit your trademark to the TMCH, you still have the normal procedures for brand protection: you can bring anyone that registered yourtrademark.tld to court to claim your domain. Depending on the registry's policies, this claim will be accepted or rejected. This is not different from current disputes under .com or .nl for example.
The advantage of a TMCH registration (apart from the priority status for new extensions and additional services) is that you are actively notified if somebody registers yourtrademark.tld.