If two Trademark Holders possess the same trademark, is it required for both of them to submit it?

No, it is sufficient for only one Trademark Holder to submit the trademark record. The owner reported to the trademark Clearinghouse should sign the Proof of Use declaration.

Tags: 
trademark record

FAQ

Account

What is a Silver Agent Account?
As a trademark holder, how can I edit my contract information (e.g. company name or address)?
How can a Trademark Agent change the contract data of their TMCH account?
How can I contact the Clearinghouse if I have issues when creating my account?
How can I get listed on the TMCH website as an Official Agent?
How can I register as a Trademark Agent?
How can I reset my password?
How do I update my Agent listing?
I am a Trademark Holder and would like to register more than 10 marks. Do I have to register those through a Trademark Agent?
Is it possible for me, as a Trademark Agent, to register a single account for multiple Trademark Holders?
My question is not listed in the FAQ section. What should I do?
What if I do not agree to these Terms and Conditions?
What is a Gold Agent account?
What is the expected response time for customer support tickets?
When will I receive my username and password?

API (Automated Interface)

Can we submit documents (e.g. trademark certificate or Proof of Use) via the EPP system or are they running via a separate FTP system or similar?
Can we test the API before registering?
How can I add a label in the CREATE command via the API?
How can I add IDN labels in the CREATE command via the API?
How can I change the name of the mark via the API?
How can I check what labels qualify as an identical match in accordance to the matching rules?
How can I connect to the API v2?
How can I POLL for changes via the API?
How can I retrieve the SMD file for a trademark record via the API?
How can I test the UPDATE command on the API test environment (OT&E)?
How can I trigger the automated status change on OT&E for mark records in non-latin script?
How can I view the comments made by a validator on my trademark record?
How can we update the smdInclusion flags?
How many connections are allowed from the whitelisted IP address on the production environment and OT&E?
How should we handle the case of “N/A” in the API for description of goods and services?
Is the trademark holder e-mail address mandatory when creating mark records as an agent?
What do I have to configure in my account in order to get access to the API (PROD and OT&E) environment?
What is the correct formatting for the trademark record ID (handle)?
When will the testing environment for the Automated Interface (API) be available?
Which poll messages are utilized? new
Why are poll messages removed from my poll queue without my knowledge?
Will I be able to submit abused labels via the API?

Financial

Are there additional charges for correcting errors in my trademark record?
Are there extra fees for opting in or opting out of Sunrise or Claims service?
Can I become a Trademark Agent without opting for a Prepaid Account?
Can I open a Prepaid Account even if I am not ready to provide the details of the trademarks I want to submit to the Clearinghouse?
Can I pay using my native currency if my business is based overseas?
Can I pay with a cheque?
Can I receive a discount? Is bulk pricing available?
Can I receive a paper copy of my invoice (by request)?
Can I terminate my Prepaid Account?
Can my bill be split into multiple payments?
Can you clarify whether the limit of ten trademark record registrations for payment by credit card is based on the number of transactions or the number of credit cards used?
Do I have to pay VAT?
Do Status Points expire?
Does a trademark record registration fee in the Clearinghouse include the domain name registration fee in a Sunrise period?
How are currency and transaction costs handled?
How can I keep track of my Status Points?
How can I register for a Prepaid Account?
How can I top up my Prepaid Account?
How many trademarks can I register at a time when paying by credit card?
How much do I need to pay to become a Trademark Agent?
How secure is my credit card payment?
I have multiple Prepaid Accounts. Can I cover all invoices for those accounts in one payment?
Is there an additional fee if I submit the Proof of Use documentation of a trademark at a later stage?
What are Status Points?
What happens if I run out of funds on my Prepaid Account?
What is the cost for additional domain name labels?
What should I do if I have received a paper invoice from the Trademark Clearinghouse.
Which credit cards are accepted by TMCH?
Which currencies are accepted by TMCH?
Who is CHIP S.A.?
Why am I not receiving any invoices?
Why can’t I see my trademark on the Mark overview after paying by credit card?
Why did I not receive any confirmation after paying?
Why is my credit card declined?
Will I still receive notifications if the balance of my prepaid account has gone below a certain level?

general

Are company names accepted in the Clearinghouse?
Are the Sunrise periods mandatory for every new gTLD?
Are trademarks containing numbers accepted in the Clearinghouse?
Are trademarks in IDN characters accepted?
Are trademarks in non-ASCII characters accepted?
Are trademarks in non-Latin script accepted?
Are trademarks registered at state level accepted in the Clearinghouse?
Are trademarks that are under application accepted in the Clearinghouse?
Are well known or famous non registered marks accepted in the Clearinghouse?
Can a Limited Registration Period overlap with the Claims Period?
Can I submit information about trademarks with the same name, but registered in different countries, under the same trademark record?
Can trademarks subjected to cancellation or invalidation procedures be accepted in the Clearinghouse?
Can trademarks subjected to rectification proceedings be accepted in the Clearinghouse?
Does every Registry Operator have to use the Trademark Clearinghouse for its Sunrise Period?
Does the Clearinghouse accept trademarks registered according to an accelerated procedure?
Does the label rule only apply to typos, misspellings, or does it also apply to UDRP and courts cases where the trademark is simply included, ex. BrandSucks.com?
How many abused labels will I be able to add per trademark record?
How should I proceed if the court case or UDRP case does not contain all the requested information (for instance the registration number of the trademark)?
In the Clearinghouse Guidelines, what is the intended meaning of the statement "other types of marks may be accepted"?
Is it a prerequisite to be the owner of the trademark in order to register in the Clearinghouse?
Is it possible to register a trademark if the trademark name consists of only two characters?
Is it possible to submit trademarks in the Clearinghouse as a licensee?
Is it possible to submit trademarks in the Clearinghouse as an assignee?
Is the whole interaction process done online?
My brand is not yet registered as a trademark. Can I register it with the Clearinghouse?
My trademark has been marked as invalid as it contains a dot. Now that the dot rule has changed, what can I do?
Should the court that has rendered the decision have to be a national court?
Should the UDRP case be rendered by a specific provider in order to be accepted by the Clearinghouse?
What are "Mark Record status changes" e-mails?
What are the roles of Deloitte and IBM with regards to the Clearinghouse?
What else should I consider regarding this Trademark Clearinghouse Certificate Authority Renewal?
What is a Limited Registration Period?
What is the Clearinghouse User Interface?
What is the difference between a “domain name” and a “label”?
What is the impact of the renewal on the old certificate?
What is the Qualified Launch Program?
What is the required format for entering dates into the Clearinghouse?
What is the Trademark Clearinghouse Certificate Authority?
What options will a trademark owner have to challenge a website registration if someone tries to register a website using their trademark?
Where can I find information on the fees related to Abused Domain Name Labels?
Which information do I have to provide with regards to the court case?
Which information regarding UDRP and court cases will be verified by the Clearinghouse?
Which information will I have to provide in relation to the UDRP case?
Why is the Trademark Clearinghouse Certificate Authority being renewed?
Will all abused labels have to pertain to the same court decision or UDRP case?
Will SMD files be available during the renewal?
Will the abused labels be included in the SMD file for sunrise?
Will the new SMD files be available for download immediately after renewal?
Will the pricing be the same for both a UDRP case and a court case?
Will Trademark Agents, Trademark Holders and the public have the ability to search the TMCH database to see all trademark registrations that have been registered in the Clearinghouse?
Will trademarks that do not exclusively consist of letters, words, numerals, and special characters be accepted in the Clearinghouse?

proof of use

Can a link to a website be submitted as sample of Proof of Use?
Can a photograph of goods be accepted as sample of Proof of Use?
Can a POU expire ? (5 year POU revalidation)
Can a screenshot of a website be submitted as sample of Proof of Use?
Concerning the Proof of Use for an international trademark, does a Proof of use in one country will be sufficient or will we have to send proof for all covered countries?
Do I need to submit Proof of Use documentation when submitting my trademark record?
How can I upload a Proof Of Use at a later stage?
How can I upload the Proof of Use documentation (signed declaration + sample)?
How do I get notified before the POU reaches the ‘EXPIRED’ status?
How do I renew the Proof of Use documentation?
How many samples of Proof of Use do I have to submit to be able to use Sunrise Service?
How much time do I have until the Proof of Use is expired?
If I submit multiple trademarks records for the same trademark, do I need to submit multiple Proof of Use documentation?
Is the POU ‘EXPIRED’ status a final status?
Is there an impact on the SMD file when I do not revalidate/invalidate the POU in time?
May I upload a proof of use at a later stage?
Should only one sample of Proof of Use be provided if there are multiple goods and services registered in my trademark?
The name of my trademark contains an accent. Does this accent need to be present in the name of the mark in the sample of proof of use?
To benefit from the Sunrise service, do I need to submit a sample of Proof of Use even if my trademark registration is based on proven usage?
What can I do in case I did not renew my POU on time?
What is a Proof of Use?
Where can I find the templates of signed declaration of Proof Of Use ? updated
Who is the 'Submitting party' in the signed declaration of Proof of Use?

Registrars

Registries

Can a Registry Operator impose trademark related registration requirements during the Sunrise Period and curtail or eliminate these requirements in subsequent registration periods?
Can a Registry Operator offer a “landrush period” at the start of its General Availibility?
Can a Registry Operator register or allocate domain names to non-Sunrise Eligible Holders prior to completion of the Sunrise Period?
Can a Registry Operator release a domain name that it had reserved in accordance with the Registry Agreement for allocation or registration purposes at a later stage?
Can Registry Operators query the CNIS?
Do Registry Operators have to offer dispute resolution policies for registrations during their Sunrise Periods?
Does a Registry Operator have to apply to offer an Approved Launch Program?
Does every Registry Operator have to use the Trademark Clearinghouse for its Sunrise Period?
How can I, as a Registry Operator, connect to the TMDB?
How does a Registry Operator apply for an Approved Launch Program?
How does the 120 day no-activation period under the New gTLD Collision Occurrence Management Plan factor into the Sunrise Period?
How long must a Sunrise Period last?
How should I proceed if I am a Registry and would like to post information in relation to my Sunrise period on the Trademark Clearinghouse website or social media channels?
I am a Registry Operator who described a launch plan in my application for my TLD. How does that affect me if I apply for an Approved Launch Program?
I am a Registry Operator who indicated in my application that my TLD would be a geographic TLD. What are my options with respect to Approved Launch Programs?
If a Registry Operator plans to hold auctions at the end of its Sunrise Period, how does that comply with Section 3.2.4 of the TMCH Requirements?
If ICANN has already approved an Approved Launch Program similar to the registration program that a Registry Operator applies for, does that mean the application will automatically be approved?
Is there any way for a Registry Operator to allocate or register domain names prior to the Sunrise Period?
What is the difference with respect to the allocation or registration of domain names between a Start-Date Sunrise and an End-Date Sunrise?
What is the status of the Qualified Launch Program described in Section 4.5.1?
What restrictions can a Registry Operator impose during the Sunrise Period?

TMCH Services

A number of Top Level Domains are available for TREx protection. Can I select the TLDs for which I want TREx protection?
As a Trademark Agent, will I be the only one receiving notifications from the Clearinghouse?
Can a Trademark Agent use several email addresses in order to receive the notifications from the Clearinghouse?
Can I benefit from the priority registration during a sunrise period offered by a new gTLD for a trademark which is not registered within the Clearinghouse?
Can I try the TMCH services before ordering?
Can two or more identical trademarks be registered in the Clearinghouse? Who will be able to register the corresponding domain name during a Sunrise period?
Do we need to submit the SMD-file upon activation?
How can I download my SMD file?
How can I set up additional e-mail addresses to receive notifications?
How can the holders I represent automatically receive notifications generated by the TMCH?
How can the registry verify if an SMD file is valid?
How does registering trademarks within the Clearinghouse protect companies' brands?
How does the MPML relate to TREx?
How does the Trademark Claims Service work?
How long does my TMCH trademark record need to be valid when activating the TREx subscription?
How much does the TREx subscription cost for a single year?
How much will the renewal of my TREx protection cost?
I have received a trademark Claims notification. What should I do next?
I have received an e-mail notification from the Clearinghouse, what do I need to do?
If a parent company registers trademarks in TMCH under a subsidiary, will the parent company be authorized to use the SMD file to register domain names? Or does the submitting party (either the agent or subsidiary) have to register the domain names?
If different Trademark Holders or Trademark Agents have two identical trademarks registered in the Clearinghouse, when will they be informed?
If I decide to register my record for three (3) or five (5) years, will I receive notifications concerning the annual reverification of my trademark record?
If I opt in for the Trademark Claims service, will I be notified if a domain name applicant requests a domain name for my trademark registered with the Clearinghouse? Or will I only be notified when this domain name has registered my trademark?
In which chronological order do the Sunrise and Trademark Claims period take place?
Is the TMCH the only Clearinghouse or are there other providers providing these services?
Is TREx available for a multiple year subscription?
Is TREx priced per trademark record or per label?
My SMD file is not available for download even though my record status is VERIFIED and POU status VALID, what should I do?
To which email address are the notifications sent?
What are the differences between TREx & DPML?
What are the requirements to be eligible for the TREx service?
What does domain name activation mean?
What does the status "Not protected" mean?
What information is included in the notifications sent out to Trademark Agents during the Sunrise, Claims or Ongoing notifications period
What information is included in the notifications sent to trademark holders represented by Trademark Agents during the Sunrise, Claims, or Ongoing Notifications period?
What is an override?
What is an SMD file?
What is the Claims Period?
What is the cost of an override?
What is the deadline for registering my trademark record in the Clearinghouse in order for me to benefit from registering in a Sunrise period?
What is the Ongoing Notifications Service?
What is the Ongoing Notifications Service? How does it work?
What is the purpose of an SMD file?
What is the renewal process for the TREx service?
What is the revocation of an SMD file?
What is the TREx service?
When does my SMD file expire?
When opting into the TREx Services, can I activate the TREx service on variations related to my trademark?
When will my SMD file be available?
Which information does a SMD file contain?
Who can apply for an override?
Why can I see my trademark record in the "Mark" tab but not in the "Services" tab.
Will I be able to check the TREx coverage before activation?
Will I be charged on activation or completion?
Will potential domain name registrants receive a claims notice when attempting to register a domain name that matches the name of a trademark recorded in the Clearinghouse during the Ongoing Notifications period?
Will the original applicant of the TREx be notified in case of an override?

trademark record

Can I receive a refund when I fail to correct my trademark record?
Can I still correct my trademark record after receiving the "invalid" status?
Can I submit a trademark composed of two different scripts?
Can I submit paper evidence?
How are domain name labels matching the name of my trademark generated?
How can I correct my trademark record?
How can I see why my trademark record has been assigned the "incorrect" status?
How can I submit documentary evidence, which is not Proof of Use documentation?
How can I transfer a trademark record if I don't have an SMD file?
How can I transfer a trademark record if I have an SMD file?
How do I know that my trademark has actually been submitted to the Clearinghouse?
How do I manage the trademark renewal?
How many domain name labels can I link to my Trademark Record?
How many times can I correct my trademark record?
How much does it cost to transfer a trademark record?
How much time do I have to correct my trademark record if a correction is requested by TMCH?
How much time will the verification process take
How often will my trademark record by re-verified?
How will the verification process work? Will it involve a check against online databases or a more in-depth analysis?
I have received a message saying my trademark is incorrect. What should I do?
If two Trademark Holders possess the same trademark, is it required for both of them to submit it?
In which format should I enter dates into the Clearinghouse?
In which language should the detailed description of goods and services be provided?
Is it correct that a change of trademark ownership should only be recorded after the relevant trademark office has updated its records to reflect this change?
Is it necessary to provide a detailed description for each class in a multi-class registration?
Is it possible to register a trademark if the trademark name only consists of two characters?
Is there a character limit for the detailed description of goods and services?
Is there additional Proof of Use documentation required when I want to renew my trademark record?
My trademark contains a character with an accent. When generating the labels, will this character be replaced with the corresponding character without an accent?
My trademark contains a hyphen (-). How will the domain name labels be generated?
My trademark contains a space. How will the domain name labels be generated?
My trademark has been set to "incorrect", what does this mean?
Some goods and services for which my trademark was registered have been cancelled. Should I indicate those in the field “DETAILED DESCRIPTION OF GOODS AND SERVICES”?
The address of the trademark holder available in the trademark certificate no longer corresponds to the current address of the trademark holder, how should I proceed?
The address of the trademark holder is incomplete on the trademark certificate, what should I enter in the address fields?
The jurisdiction in which my trademark is registered does not apply Nice classification, what should I do?
The jurisdiction in which my trademark is registered is not listed as a jurisdiction in which an online database for registered trademarks is available. Can I still submit my trademark?
The name of my company has changed but the trademark certificate has not yet been updated accordingly, what should I submit?
What are the requirements for starting a trademark record transfer?
What happens if I do not renew before the mark expiration date?
What is required to renew my trademark record?
What is the deadline for submitting trademarks to the Clearinghouse?
Why are there no labels attached to my trademark?

trademark submission

TREx Service

user registration