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Trademark Watch Services

If you don’t want to conduct a search for your company on the Internet and suddenly discover a competitor operating under a similar name, proactive enforcement efforts can provide peace of mind that the value of your company’s trademarks is being preserved. Moreover, it is the duty of a mark owner to enforce exclusive rights in a mark, or jeopardize the enforceability of the mark in the future. Unchallenged third-party uses of a trademark weakens the strength of your company’s mark as a source identifier. A trademark watch service is an effective monitoring tool to efficiently identify potentially infringing adoption of confusingly similar marks. Evoke Law partners with Corsearch, a leading vendor of trademark clearance and protection services, to offer a wide range of watch services that fits a wide-variety of business needs. Below are descriptions of the most commonly utilized watch services: Domain Name Watch: A Domain Name Watch monitors registrations of standard top-level domain names (e.g., .com, .net, .org, .info) that include the exact mark, as well as other similar variations to catch potential typo-squatters. For example, if someone tried to register www.evokelegal.com, the watch service would alert us to this activity. Purchasing a domain is typically one of the first actions a business takes when it decides to proceed with a chosen brand name, and this watch provides somewhat of an “early warning system.” Expanded gTLD Watch: An Expanded gTLD Watch has all the capabilities of the Domain Name Watch, but also monitors registrations of generic top level domains (gTLDs) and country code top level domains (ccTLDs) for potential infringement. Using the above example, the Expanded...

New domain deadlines, updated

New top-level Internet domain names–more than a thousand more specific replacements for .com—are now being delegated to their new owners at a steady pace. For trademark holders registered with the ICANN Trademark Clearing House, “sunrise periods” of typically 60 days are set aside for priority registrations of MYBRAND secondary domain names, such as mybrand.technology.  Those marks not registered at the Trademark ClearingHouse can still get in on general trademark claims for the next 90 days, and still before the domains go on sale to the general public. New TLD Domains Sunrise Claims General TM Claims  Start                    End Start                End .شبكة  Arabic “network” 10/31/13 12/29/13 12/30/13 3/30/14 .singles, .holdings, .guru, .clothing, .ventures, .bike, .plumbing 11/26/13 1/25/14 1/27/14 4/29/14 .photography, .lighting, .camera, .equipment, .estate, .gallery, .graphics 12/3/13 2/1/14 2/3/14 5/6/14 .menu 12/9/13 2/7/14 2/10/14 5/16/14 .uno 12/9/13 2/7/14 3/19/14 6/17/14 .みんな (xn--q9jyb4c) – Japanese “everyone” 12/9/13 2/14/14 2/21/14 1/1/38 .land, .today, .technology, .kitchen, .directory, .contractors, .construction 12/10/13 2/8/14 2/10/14 5/16/14 .tattoo, .sexy 12/11/13 2/9/14 2/25/14 5/26/14 .tips, .voyage, .diamonds, .enterprises 12/17/13 2/15/14 2/17/14 5/20/14 .recipes, .photos, .careers, .shoes 12/24/13 2/22/14 2/24/14 5/27/14 .cab, .domains, .limo 12/31/13 3/1/14 3/3/14 6/3/14 .company 12/31/13 3/8/14 3/10/14 6/10/14 .computer, .systems, .management, .center, .academy 1/7/14 3/8/14 3/10/14 6/10/14 .training, .email, .solutions, .builders, .support 1/14/14 3/15/14 3/17/14 6/17/14 .onl 1/14/14 3/15/14 4/17/14 7/16/14 .buzz 1/15/14 3/18/14 4/15/14 7/14/14 .онлайн, сайт  Russian “online” and “site” 1/16/14 3/18/14 3/25/14 6/24/14 .kiwi 1/16/14 3/17/14 3/18/14 6/16/14 .ruhr 1/21/14 2/20/14 3/27/14 5/25/14 .glass, .camp, . education, .institute, .repair 1/21/14 3/22/14 3/24/14 6/24/14 .pics, .gift, .link., .guitars 1/27/14 3/28/14 4/15/14 7/14/14 .build 1/27/14 3/28/14 3/29/14 6/28/14 .florist, .house, .international, .coffee, .solar 1/28/14...
Sunrise approaches: reserve your mark in the new domains NOW

Sunrise approaches: reserve your mark in the new domains NOW

Throughout 2013, I have obsessively focused on the new Top Level Domains (TLDs). And here is more recent news on the TLD front: sunrise periods for new TLDs—when trademark holders can reserve their protected marks before others can buy them up–are imminent. Sunrise periods will last at least two months. Based on currently available information, on October 31, 2013, the Sunrise registration period opened for the Arabic language TLD meaning “Internet” (transliteration .shabaka) On or about November 12, 2013, sunrise registration periods commence for: .bike .camera .clothing .contractors .equipment .estate .guru .holdings .lighting .plumbing .singles .voyage In December 2013, look for Sunrise registration periods for: .sexy .tattoo In January 2014, look for Sunrise registration periods for additional:  .christmas .guitars .link .photo .pics Other new TLDs expected shortly are: .careers, .construction, .diamonds, .directory, .enterprises, .gallery, .graphics, kitchen, .land, .ventures, photography, .shoes, .technology, and .today. This list will be updated as corresponding Sunrise registration periods are announced. Sunrise registration periods are reserved for registrations by owners of registered marks who have submitted their marks to the Trademark ClearingHouse. If you haven’t already instructed me to submit your registered marks to the Trademark ClearingHouse, now would be a great time to do so. In addition to being able to participate in Sunrise registration periods, there are other benefits to having a mark in the ClearingHouse. For more info on the ClearingHouse, please see my blog post at...
New TLDs debut; Refresh Web addresses NOW

New TLDs debut; Refresh Web addresses NOW

Many of my communications during 2013 focused on the new Top Level Domains (TLDs) that are just starting to appear publicly. While I understand that you may be skeptical and taking a wait-and and-see approach, please consider: 1. An interesting article, Call to Action: Prepare for New gTLDs 2. I saw the first television commercial for the new TLDs. Check it out at 1and1.com.  If I haven’t successfully conveyed the marketing opportunities these new TLDs offer, this presentation will help. 3. You can preregister for new domains, though ultimately the new TLD owner may restrict registrants, or charge outrageous fees to register these special domains. But just in case, I have preregistered for maryshapiro.law, maryshapiro.lawyer, maryshapiro.legal, and maryshapiro.attorney. No money down, no obligation to buy. Check out the top ranked new TLDs, based on preregistrations: I encourage you to consider the many ways you can make use of the new domains. You can browse groupings of new TLDs, such as business, entertainment, geographic, professional services, real estate, retail, ecommerce, community, web and technology, among other categories on sites such as www.1and1.com<http://www.1and1.com www.uniteddomains.com and www.newgtldsite.com This may be the your best opportunity to migrate to a shorter, more meaningful, or more memorable domain name, especially IF:. 1. You had to register a domain other than a .com domain, e.g., you could only register COMPANYNAME.NET, COMPANYNAME.BIZ 2. You had to add a generic term to distinguish your domain from another .com domain, e.g., COMPANYNAMELLC.COM or THECOMPANYNAME.COM, COMPANYNAMEONLINE.COM 3. Your business is aligned with any of the vertical channels (.shop, .online, .app, .med, .secure, .mobile, .network, .health, .camera, etc.) supported and promoted...
Sunrise soon? The time may REALLY be now to register at the Trademark ClearingHouse

Sunrise soon? The time may REALLY be now to register at the Trademark ClearingHouse

The new Internet generic Top Level Domain (TLD) scheme is now expected to launch as early as October 2013, though it looks like it may take three to five years for all of the new TLDs to launch. This update comes from Durban, Africa, where ICANN recently sojourned with the Internet community to discuss the status and projections introducing the new Top Level Domains. ICANN is adding to the 22 familiar TLDs we already know, including .com, .net, .org, and .edu. The new TLDs will include famous brand names (.ford, .microsoft, .google, .apple), generic terms (.health, .camera, .technology), geographic designations (.nyc, .paris, .berlin, .london), communities such as .catholic, .pharmacy, .Lamborghini, internationalized domain names (IDNs) in Latin characters, including .casa (Spanish for house), .vin (French for wine), and .versicherung (German for insurance) as well as new TLDs in non-Latin characters, such as .购物 (Chinese for shopping), .ファッション (Japanese for fashion), .קום (Hebrew for .com). Since 1,930 applications were submitted in 2011, the applicants and the proposed TLDs have gone through evaluation, objections, contentions, prioritization, and auctions. Nearly 1,300 applications have been approved by ICANN as of July 28, 2013. The hypothetical journey for the first new TLD still involves ICANN Negotiating/Contracting with the Applicant, Testing, and Delegation-—awarding and turning over the TLD to the successful applicant. But even after delegation, there are at least two steps that come before launching the TLD publicly: 1. SUNRISE NOTICE  For one month before offering domain names in a new TLD, there will be at least a one month preannouncement for each SUNRISE PERIOD for each TLD. 2. SUNRISE PERIOD  For at least two months, trademark owners can...
Bye-bye Dotcom?

Bye-bye Dotcom?

The Internet is getting a facelift. By the end of 2013, the first of more than 1400 new applied-for Internet addresses will pop up in place of that old friend “.com” as the Internet authority ICANN awards new top-level domains. If you’re one of many who didn’t get the dotcom address you wanted, here comes half a ton of new top-level domains to the rescue. With more than a thousand unique new web address “opportunities” comes the Cheshire cat’s question to your organization: Who are you? Where should your organization be in the new Internet taxonomy? Or is the problem that you can—and maybe should—register in many new TLDs? Is your venerable mybusiness.com the best way to connect with your customers, or should your auto-related business get into a snazzy new domain like mybusiness.auto or mybusiness.cars as part of this new online marketing paradigm? Answering that question entails reexamining who you are in this brave new Internet. And yes, there is a .WTF proposed as a top level domain—more about that later. So get ready to say hello to new worlds on the Web, what business media are calling the “big bang” of domain names. The new gTLds include commercial categories of broad general interest: .play .dog .career .camera .health .fishing .wedding .clothing .gay .yachts Some of the new bTLDs are familiar brands .apple .delmonte .samsclub .fiat .showtime .mcd &.mcdonalds .aaa .chase .epson .godaddy Many new gTLDs define themselves by geography .helsinki .tokyo .paris .broadway .swiss .budapest .berlin .africa .melbourne .nyc Of course, a slew of new gTLDs aim directly at e-commerce: .cloud .app .web .site .blog .chat .digital...