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This guide will provide the guidelines on how to transfer invalid Mark Records from a TMCH Holder account to a TMCH Agent account.
After this transfer has been executed, this Mark Record will appear with an ‘incorrect’ status in the mark overview of the TMCH Agent.
During the lifecycle of a trademark record, a trademark record can be transferred from one company to another company. This document provides TMCH users with a guide on how to change the holder information and/or the address of the Trademark Holder of a trademark record after the trademark record has been verified.
The TMCH project provides an automated interface to allow users to interact in an automated fashion with the data stored in the Clearinghouse database (TMCH database). XML has been widely used by registries and registrars to provide an automated interfaces (the API) for their
data exchange. This API provides similar functionality and will be provided using TLS to be as close to the current EPP standard as possible. The API may only be used by Trademark Agents that have contracted with the Clearinghouse.
This document contains some sample of commands and responses based on the XSD that should help building implementations to use the API provided to get direct access to the various objects in the TMCH database in an automated fashion.
The complete XSD scheme can be found under the section XSD schemes. It extends the Signed Mark Data (SMD) XSD description draft-lozano-smd-01.txt that was provided by ICANN. The structure of the mark block is intentionally included and not modified to prevent misunderstanding, make the mapping easy and prevent misinterpretation of the various fields.
This document provides an overview of all country codes, jurisdictions and transliterations.
These Payment Terms and Conditions supplement the Clearinghouse Validation Terms and Conditions.
This presentation was given during the educational webinar before launching the Clearinghouse on March 26.
The transfer declaration for court validated marks is a template declaration which needs to be uploaded in the Clearinghouse User Interface when the Trademark Holder of a court validated marks has indicated that he/she is the assignee of a court validated mark. This transfer declaration for court validated marks needs to be downloaded, completed and signed by both assignor (former owner of the mark and assignee (current owner of the mark). The assignee is the party that is mentioned on the trademark record submitted to the Clearinghouse.
The transfer declaration for marks protected under statute or treaty is a template declaration which needs to be uploaded in the Clearinghouse User Interface when the Trademark Holder of a mark protected under statute or treaty has indicated that he/she is the assignee of the mark protected under statute or treaty. This transfer declaration for mark protected under statute or treaty needs to be downloaded, completed and signed by both assignor (former owner of the mark and assignee (current owner of the mark). The assignee is the party that is mentioned on the trademark record submitted to the Clearinghouse.
The transfer declaration for registered trademarks is a template declaration which needs to be uploaded in the Clearinghouse User Interface when the Trademark Holder of a registered trademark has indicated that he/she is the assignee of a trademark and the assignment of the trademark has not been recorded with the relevant trademark office. This transfer declaration for registered trademarks needs to be downloaded, completed and signed by both assignor (former owner of the mark and assignee (current owner of the mark). The assignee is the party that is mentioned on the trademark record submitted to the Clearinghouse.
The license declaration for registered trademarks is a template declaration which needs to be uploaded in the Clearinghouse User Interface when the Trademark Holder of a registered trademark has indicated that he/she is the licensee of a trademark and the license of the trademark has not been recorded with the relevant trademark office. This license declaration for registered trademarks needs to be downloaded, completed and signed by both licensor (the current owner) and licensee the holder of the mark). The licensee is the party that is mentioned on the trademark record submitted to the Clearinghouse.
The license declaration for court validated trademarks is a template declaration which needs to be uploaded in the Clearinghouse User Interface when the Trademark Holder of a court validated mark has indicated that he/she is the licensee of a court validated mark. This license declaration for court validated trademarks needs to be downloaded, completed and signed by both licensor (the current owner) and licensee (the holder of the mark). The licensee is the party that is mentioned on the trademark record submitted to the Clearinghouse.
The license declaration for marks protected under statute or treaty is a template declaration which needs to be uploaded in the Clearinghouse User Interface when the Trademark Holder of a mark protected under statute or treaty has indicated that he/she is the licensee of a mark protected under statute or treaty. This license declaration for registered trademarks needs to be downloaded, completed and signed by both licensor (the current owner) and licensee (the holder of the mark). The licensee is the party that is mentioned on the trademark record submitted to the Clearinghouse.
These Trademark Clearinghouse Guidelines (these “Clearinghouse Guidelines”) will serve as a guideline for Trademark Holders and Trademark Agents to inform them about the eligibility requirements for inclusion of trademarks in the Trademark Clearinghouse and participation in the different TMCH services.
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