Subject: [SubPro-IRT] Re: [Ext] Question - TMCH
From: <[email-masked]>
To: <[email-masked]>, <[email-masked]>, <[email-masked]>
Date: Thu, 11 Dec 2025 20:54:34 +0000
List-Id: Mailing list of the Subsequent Procedures Implementation Review Team <subpro-irt.icann.org>

*EXTERNAL TO GT*

Dear Kathy,

Thank you for your input. We believe the responses provided below address your questions. As we are in the process of finalizing the TMCH Requirements, which we are aiming to post for public comment next week, we encourage you to submit any additional feedback through that public comment process.

1) The 60-day requirement added in Section 2.3.7(B) comes from the TMCH Dispute Resolution Procedure<https://urldefense.com/v3/__https://trademark-clearinghouse.com/dispute-resolution-procedures/*3.3__;Iw!!DUT_TFPxUQ!H71UYR9_2XIRsP3XkSB2tDZ3V-lWo1ez6f7IhKYQInIDJzP_HjbOXez2mGRrwVQuPwFvkKpBZT0NyTX-itO9ZjI$> and reflects the window during which a Sunrise registrant may challenge a TMCH finding that their Sunrise registration was based on an invalid TMCH record. In such cases, the domain name must be suspended consistent with Sunrise Final Recommendation<https://urldefense.com/v3/__https://gnso.icann.org/sites/default/files/file/field-file-attach/rpm-phase-1-proposed-24nov20-en.pdf__;!!DUT_TFPxUQ!H71UYR9_2XIRsP3XkSB2tDZ3V-lWo1ez6f7IhKYQInIDJzP_HjbOXez2mGRrwVQuPwFvkKpBZT0NyTX-9f8JuC0$> #8, meaning it will not resolve in the DNS during that 60-day period. The name will be restored only if the challenge is successful. Additionally, under the TMCH DRP, the TMCH Review Panel generally issues a decision within 7 calendar days (or 15 days during the Early Bird Registration period). To improve clarity regarding the 60-day requirement, ICANN org will consider adding further explanation in an FAQ or other educational materials.

2) As explained above, the 60-day period referenced in the Section 2.3.7(B) is the filing window for a Sunrise registrant to submit a challenge of a finding under the TMCH DRP. Consistent with Sunrise Final Recommendation #8, the Registry Operator will immediately suspend a Sunrise Registration upon notice from the TMCH that the underlying Trademark Record is invalid, to allow the Sunrise registrant to challenge the determination. Section 2.3.7(B) provides that once a challenge by the Trademark Holder or Trademark Agent concludes, the registry operator shall delete the Sunrise Registration. Following the SubPro IRT discussions on the list, ICANN org proposes updating Section 2.3.7(B) to add “whichever is later” to the clause:

“…or (B) remains invalid following either sixty (60) calendar days (or such other period as set forth in the TMCH DRP) after such Sunrise Registration was deemed invalid or the conclusion of a challenge by the Trademark Holder or Trademark Agent (as defined in the TMCH DRP), whichever is later, in which case the Registry Operator shall delete such Sunrise Registration.”

The addition of “whichever is later” ensures that if the challenge process extends beyond 60 days, the registry waits until the challenge is completed before taking action.

3) We are proposing to remove the phrase “and return the domain name to the pool of available names available for registration” from the end of Section 2.3.7 because including it would create a new obligation for registries by preventing them from reserving the domain name. Registries currently have the discretion to reserve a domain name. Section 2.3.7 already states that the domain name will be deleted if the Sunrise Registration remains invalid following either sixty (60) calendar days after such Sunrise Registration was deemed invalid or the conclusion of a challenge by the Trademark Holder. After the deletion, it is up to the Registry Operator to decide whether to reserve the domain name or not. Adding language that requires returning the domain name to the available pool would impose an unintended and additional obligation on registries, and it is not mandated by Sunrise Final Recommendation<https://urldefense.com/v3/__https://gnso.icann.org/sites/default/files/file/field-file-attach/rpm-phase-1-proposed-24nov20-en.pdf__;!!DUT_TFPxUQ!H71UYR9_2XIRsP3XkSB2tDZ3V-lWo1ez6f7IhKYQInIDJzP_HjbOXez2mGRrwVQuPwFvkKpBZT0NyTX-9f8JuC0$> #8.

Thank you again for your input. We appreciate your engagement and encourage you to submit any additional feedback during the upcoming public comment period on the TMCH Requirements.

Best,

Antonietta

From: Kathy Kleiman via SubPro-IRT <[email-masked]>
Reply-To: Kathy Kleiman <[email-masked]>
Date: Tuesday, December 9, 2025 at 11:01 PM
To: "[email-masked]" <[email-masked]>, Lars Hoffmann <[email-masked]>
Subject: [SubPro-IRT] Re: [Ext] Question - TMCH

All, I see three problems with the revisions to 2.3.7 re: Sunrise Registration -- and additions and deletions in (B) make it inconsistent with the language written by the STI, and the review and recommendations of the RPM PDP WG – Phase 1:

1) 60 days is a too long time to allow for a TMCH DRP -- far longer than UDRP and URS response times involving much more difficult responses. I'm sure the TMCH can determine whether a challenged Trademark Record is invalid in a much shorter time – most TM records are online -- and 60 days is too long to keep an important (and available) domain name from the public. [2.3.7 (B)]

2) After the conclusion of a challenge by the TM Holder or TM agent, it appears that everything can linger for 60 days. By the wording, even if the TMCH DRP is concluded or the Sunrise Registration is deemed invalid, whichever path is taken, this section sounds like everyone can wait around a long time and eventually delete the Sunrise Registration. But this is the Internet, and we work quickly. The invalid Sunrise Registration must, of course, be deleted immediately after the challenge is concluded because we’re headed into General Availability and the domain name must be available to the public for registration. [2.3.7 (B)]

3) Which leads us to the surprising deletion at the end of the section: “and return the domain name to the pool of available names available for registration. A Registry Operator may, through the Registry-Registrar Agreement its agreement with registrars, instead require the registrar to perform this implementation step.”  This sentence is the whole purpose the section – to return the domain name to the available pool and allow it to be registered by someone who needs and can use it.  Sunrise gives TMCH registrants a first right to register in the Sunrise Period, but not a wholesale removal of the domain name from registration.

Of course, domain names, if invalidly registered during the Sunrise Period must be returned to the pool of available names – that’s a key element of the fairness and balance of the TMCH and Sunrise Registration processes; they are limited for a reason. Returning appropriate domain names to the pool of domain names in New gTLDs is a) policy and b) good for Registries, Registrars, Registrants, and ultimately the end users who will use their websites, emails, listservs+. This final sentence is absolutely key to achieving the goals and intents of the RPM PDP WG; to change it is to change policy.  (However, if I have misunderstood or misread this deletion, please clarify for me and for all.)

`v  Best, Kathy

On 12/9/2025 1:19 PM, Lars Hoffmann via SubPro-IRT wrote:

   Adding the IRT mailing list.

   Thank you, Kathy.

   Here is the link to the document: https://docs.google.com/document/d/1rDcaY1nPkfwcHpuhI74OY13rp5g99iI2/edit<https://urldefense.com/v3/__https://docs.google.com/document/d/1rDcaY1nPkfwcHpuhI74OY13rp5g99iI2/edit__;!!DUT_TFPxUQ!H71UYR9_2XIRsP3XkSB2tDZ3V-lWo1ez6f7IhKYQInIDJzP_HjbOXez2mGRrwVQuPwFvkKpBZT0NyTX-8TI1sS8$>

   Best wishes. Lars

   From: Kathy Kleiman <[email-masked]><mailto:[email-masked]>
   Date: Tuesday, 9 December 2025 at 10:09
   To: Lars Hoffmann <[email-masked]><mailto:[email-masked]>
   Subject: [Ext] Question - TMCH

   Hi Lars,

   I think we are on a deadline today for TMCH changes/review. Is that right?  Could you kindly point me to the right email or date to review it?  I've been on a long bit of travel for a workshop and speaking.

   Best and tx,
   Kathy

   On 12/9/2025 11:53 AM, Lars Hoffmann via SubPro-IRT wrote:

      Dear IRT members,

      For Thursday’s call (11 December, 10:00 UTC), we have the following agenda items

      1.        Welcome and SOI
      2.        Surplus/Deficit Discussion (see attached paper)
      3.        AGB Updates
      4.        AOB

      Attached you find a paper outlining ICANN’s approach to the surplus/deficit issue. Feel free to review before the call and share any thoughts, questions etc. on-list.

      Please note, as mentioned today’s call, the Name Collision procedures will now be covered on a yet-to-be-scheduled call on Tuesday 16 December 2025.

      Thank you all and best wishes,
      Lars

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