Which does not matter for the challenge to the trademark in the Clearinghouse. On 12/11/2025 12:25 PM, trachtenbergm@gtlaw.com wrote:
It has to be the later of the two, not the earlier. If it was the earlier then that means at day 60 the sunrise registration is deleted even though the registrant may have filled a dispute that day.
Best regards, * *
*Marc H. Trachtenberg * Shareholder
Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP
*Aspen Chicago*
411 E. Main Street 360 North Green Street
Suite 207 | Aspen, CO 81611 Suite 1300 | Chicago, IL 60607
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M +1 773.677.3305 M +1 773.677.3305 trac@gtlaw.com <mailto:trachtenbergm@gtlaw.com> | www.gtlaw.com <http://www.gtlaw.com/> | View GT Biography <https://www.gtlaw.com/en/professionals/t/trachtenberg-marc-h>
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* * ------------------------------------------------------------------------ *From:* Kathy Kleiman <Kathy@KathyKleiman.com> *Sent:* Thursday, December 11, 2025 11:20:13 AM *To:* Trachtenberg, Marc H. (Shld-ASP-IP-Tech) <trachtenbergm@gtlaw.com>; subpro-irt@icann.org <subpro-irt@icann.org>; lars.hoffmann@icann.org <lars.hoffmann@icann.org> *Subject:* Re: [SubPro-IRT] Re: [Ext] Question - TMCH **EXTERNAL TO GT**
Registry Operator will immediately suspend a Sunrise Registration following notice from the Trademark Clearinghouse that the Trademark Record on which the Sunrise-Eligible Rights Holder based its Sunrise Registration was deemed invalid in accordance with the TMCH Dispute Resolution Procedure as set forth at https://trademark-clearinghouse.com/dispute-resolution-procedures/ <https://urldefense.com/v3/__https://trademark-clearinghouse.com/dispute-reso...> (as updated from time to time, the “TMCH DRP”) (for purposes of this Section 2.3.7, “suspend” means the EPP status of such Sunrise Registration is set to “serverHold until the Trademark Clearinghouse provides further notice that such Trademark Record (A) has been updated to <verified> in accordance with the TMCH DRP, in which case the Registry Operator shall restore such Sunrise Registration; 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__earlier___, in which case the Registry Operator shall delete such Sunrise Registration *and return the domain name to the pool of available names available for registration*.
Tx Marc, and our reasoning is almost right -- but once certain challenges are concluded, they are concluded. It the Trademark is invalid, and the Trademark DRP ends at day 15, then return the domain name to the available pool of available names. There are only two parties, and the deed is done.
Which returns to the long history I shared from the Final Report of the RPM PDP WG - Phase -- which is the policy and needs to be continued as the policy or changed as policy by the Council. I've added the key language back in.
We could restore the RPM IRT if we really need to, and it's a small and rapidly-working group.
Best, Kathy
On 12/11/2025 11:41 AM, trachtenbergm@gtlaw.com <mailto:trachtenbergm@gtlaw.com> wrote:
Registry Operator will immediately suspend a Sunrise Registration following notice from the Trademark Clearinghouse that the Trademark Record on which the Sunrise-Eligible Rights Holder based its Sunrise Registration was deemed invalid in accordance with the TMCH Dispute Resolution Procedure as set forth at https://trademark-clearinghouse.com/dispute-resolution-procedures/ <https://urldefense.com/v3/__https://trademark-clearinghouse.com/dispute-reso...> (as updated from time to time, the “TMCH DRP”) (for purposes of this Section 2.3.7, “suspend” means the EPP status of such Sunrise Registration is set to “serverHold until the Trademark Clearinghouse provides further notice that such Trademark Record (A) has been updated to <verified> in accordance with the TMCH DRP, in which case the Registry Operator shall restore such Sunrise Registration; 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.
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