# Trademark Clearinghouse / TMCH
# Can I also submit other types of trademarks to the TMCH?
## Question
Can I also submit other types of trademarks to the TMCH?
## Answer
Through the reseller control panel, you can submit a 'normal' registered trademark to Openprovider for validation by the Trademark Clearinghouse (TMCH).
If the trademark you want to be validated is a *court validated mark* or a *marks protected by statute or treaty*, please contact our support department. In your request, include all details about the mark to be validated. The price is similar to that of a regular trademark.
# Can I include common typos in my trademark order?
## Question
Can I include common typos in my trademark order?
## Answer
Apart from the exact match of your trademark, the Trademark Clearinghouse (TMCH) also recognizes abused names like deliberate typos and misspellings. Suppose your company name is *Example* and in the past somebody abused your name by registering *Examp1e* (with a number "1" instead of the letter "L") in a certain extension. If there has been a UDRP decision in the trademark holder's favor for that domain, you might be eligible to include that misspelling in your TMCH order. Up to 50 of such additional labels might be added and additional costs apply.
Those additional labels are not applicable for Sunrise registrations, but will receive any [trademark claims notification](https://openprovider.help/books/domains/page/what-is-the-trademark-claims-period) if somebody else tries to register that typosquatted name.
Please contact our Support department with information about the trademark and the typos to add as a label if you have any trademark including abused variants.
# Can I register my trademark for more than one year?
## Question
Can I register my trademark for more than one year in the Trademark Clearinghouse (TMCH)?
## Answer
Yes, you can register your trademark for 1, 3 or 5 years. Multi-year orders lower administrative pressure (you don't have to renew and re-validate the trademark every year) and on top of that give you a financial advantage (except for Supreme Members). The Trademark Clearinghouse will verify your trademark registration on an annual basis, but you won't be contacted unless they require some clarifications.
# Can I transfer my Trademark Clearinghouse-record to Openprovider?
## Question
Can I transfer my Trademark Clearinghouse (TMCH) record to Openprovider?
## Answer
Yes, this is possible. The benefits of a transfer to Openprovider are a good price, and the availability of the different additional services that Openprovider offers like Sunrise registrations or [protected marks lists](https://openprovider.help/books/domains/page/what-are-the-advantages-of-protected-marks-lists-dpml-uni-eps-and-adultblock). Order a TMCH transfer with the following steps:
- If you have the **SMD-file** at hand, upload that to the [transfer page](https://secure.trademark-clearinghouse.com/tmch/public/inittransfer) of the TMCH. The e-mail address linked to the TMCH order will receive an e-mail with an authorization code now.
- If you do not have the SMD-file at hand and you've applied for the TMCH order with **another TMCH agent**, ask that TMCH agent to send the code to the e-mail address linked to the TMCH order.
- If you do not have the SMD-file at hand and you've applied for the TMCH order **directly at TMCH yourself**, log in to the TMCH portal, open the mark record and press the "Send transfer code" button to send the code to the e-mail address linked to the TMCH order.
The code that you receive must be provided to Openprovider, after which we will transfer the mark for you.
Please note that the transfer token is valid for only 14 days. If that period expires, a new token must be requested.
The price for such a TMCH transfer is USD 50; the expiration date of the TMCH-order remains unchanged. Future renewals will be done through Openprovider.
# Can a device mark (image mark) be registered in the Trademark Clearinghouse?
## Question
Can a device mark (image mark) be registered in the Trademark Clearinghouse (TMCH)?
## Answer
Yes, as long as your mark includes clearly distinguishable valid characters. The text string that will be submitted to the Trademark Clearinghouse must be a complete match of the textual elements in the device mark. For more details and extensive examples, please refer to section 5 of the [TMCH Guidelines](https://trademark-clearinghouse.com/sites/default/files/files/downloads/TMCH%20guidelines%20v1.2_0.pdf).
# Do I get a refund if my Trademark Clearinghouse application is rejected?
## Question
Do I get a refund if my Trademark Clearinghouse submission is rejected?
## Answer
No. The fee is used for validation of the trademark and is not refunded if your trademark is deemed invalid. Note that you always have one opportunity to correct an invalid application during a period of 20 days. During the validation process, Openprovider will keep you informed about the options you have to correct your application.
# Do I need the Trademark Clearinghouse?
## Question
Do I need the Trademark Clearinghouse (TMCH)?
## Answer
If you are not planning to do anything with new gTLDs, there is no need to submit your trademark to the TMCH. However, submission gives you the following advantages:
- You can register yourtrademark.tld in the **Sunrise period** of a newly launched extension.
- You are **notified** if somebody else registers yourtrademark.tld in the [Trademark Claims period](https://openprovider.help/books/domains/page/what-is-the-trademark-claims-period).
- During the **[Trademark Claims period](https://openprovider.help/books/domains/page/what-is-the-trademark-claims-period)**, registrants are informed about the existence of your trademark if the try to register yourtrademark.tld
- Some registries offer additional services to TMCH validated trademarks, like [**protected marks lists**](https://openprovider.help/books/domains/page/what-are-the-advantages-of-protected-marks-lists-dpml-uni-eps-and-adultblock).
If you do not submit your trademark to the TMCH, you still have the normal procedures for brand protection: you can bring anyone that registered yourtrademark.tld to court to claim your domain. Depending on the registry's policies, this claim will be accepted or rejected. This is not different from current disputes under .com or .nl for example.
The advantage of a TMCH registration (apart from the priority status for new extensions and additional services) is that you are actively notified if somebody registers yourtrademark.tld.
# How do I validate a trademark through the TMCH?
## Question
How do I validate a trademark through the Trademark Clearinghouse (TMCH)?
## Answer
Openprovider is an official agent of the Trademark Clearinghouse. That means that Openprovider can submit the trademarks to the TMCH in order to be validated, and the Openprovider can offer you any additional service once the trademark is validated.
Before submitting a trademark validation order in Openprovider, check that you have all required data, for example an extract of the trademark register.
Then, log in to the Openprovider Control Panel, and go to menu New gTLDs > [Trademark Clearinghouse](https://cp.openprovider.eu/tmch/trademarks.php). Here you can submit a new trademark to be validated.
When Openprovider receives your order, we will verify the entered data and ask you for two documents: a [signed declaration](https://trademark-clearinghouse.com/sites/default/files/files/downloads/declaration_of_proof_of_use_-_tm_agent.pdf) and a [proof of use](https://openprovider.help/books/domains/page/what-is-a-proof-of-use). With those documents, the TMCH can enable new gTLD services for this trademark (like Sunrise registrations).
After the documents have been received by Openprovider, we will submit your order to the TMCH. Normally within a week, your order is finished.
# How many labels can I register with my trademark?
## Question
How many labels can I register with my trademark?
## Answer
Up to 10 [labels](https://openprovider.help/books/domains/page/what-is-a-label) are included in the standard price. Multiple labels are allowed, but a small additional fee applies. Please contact our Sales department for more information.
# Is a Trademark Clearinghouse registration similar to a domain registration?
## Question
Is a Trademark Clearinghouse registration similar to a domain registration?
## Answer
No, a Trademark Clearinghouse (TMCH) registration does not give you any domain registrations. However, it is a prerequisite if you want to register yourtrademark.tld in the Sunrise periods of a new gTLD.
If you want to register yourtrademark.tld, you will have to order the domain registration as you order any other domain registration in Openprovider.
Also the costs of a TMCH registration are independent of a domain registration: you pay the TMCH fee, and for each domain registration you pay the normal domain fee. In most cases, registration in the Sunrise period will be charged a different price than registration during other stages.
# What are the benefits of a Trademark Clearinghouse validated mark?
## Question
What are the benefits of a Trademark Clearinghouse validated mark?
## Answer
A mark that is validated by the Trademark Clearinghouse (TMCH) provides the following advantages:
- The trademark holder gets the highest priority to claim his matching domain name during a registry's [sunrise period](https://openprovider.help/books/domains/page/is-my-validated-trademark-eligible-for-all-extensions-in-sunrise). Register yourtrademark.tld using the unique code, called SMD (Signed Mark Data), which you received after validation of your trademark.
- You will be notified if somebody registers a domain name that matches your trademark in any extension that is in the [Trademark Claims Period](https://openprovider.help/books/domains/page/what-is-the-trademark-claims-period).
- The trademark holder can apply for additional [trademark protection services](https://openprovider.help/books/domains/page/what-are-the-advantages-of-protected-marks-lists-dpml-uni-eps-and-adultblock).
# What information is required for a Trademark Clearinghouse registration?
## Question
What information is required for a Trademark Clearinghouse (TMCH) registration?
## Answer
The Trademark Clearinghouse requires the following data:
- Name of the mark
- Registration number and registration date
- Jurisdiction
- Description of goods and services class
- Detailed description of goods and services\*
- Status of the Trademark Holder (owner/licensee/assignee)
- Organization (in case of company/organization) or full name (in case of individual)
- Address of the Trademark Holder
- Contact information of the Trademark Holder
The following data is optional:
- Application number
- Application date
- Expiration date
If you want to apply for Sunrise services or Claims notification, you also need:
- [Signed declaration of use and a single sample of proof](https://openprovider.help/books/domains/page/what-is-a-proof-of-use)
*\* The detailed description of goods and services should be in the language as on the trademark certificate. If sub classes have been excluded, they need to be put between square brackets ( \[...\] ).*
# What is Trademark Clearinghouse?
## Question
What is Trademark Clearinghouse (TMCH)?
## Answer
Trademark protection is one of the core principles of the release of new extensions. In order to have a uniform process in trademark validation, ICANN appointed the Trademark Clearinghouse (TMCH) to provide a centralized database of verified trademarks, that is connected to each and every new TLD that will launch.
Initially, a validated trademark only provided priority over domain registrations in the so-called Sunrise phases, but over time additional services (like "[protected marks lists](https://openprovider.help/books/domains/page/what-are-the-advantages-of-protected-marks-lists-dpml-uni-eps-and-adultblock)") have been introduced which use the services of the TMCH to check existence validity of a trademark.
If you are, or your customer is, a trademark holder and want to benefit from the priority treatments of new extensions, the first step is to let the TMCH [validate your trademark](https://openprovider.help/books/domains/page/how-do-i-validate-a-trademark-through-the-tmch).
# What is a 'proof of use'?
## Question
What is a "proof of use" (PoU)?
## Answer
Apart from the existence of a trademark, the trademark owner also has to proof that he actively uses the trademark in the class(es) it is registered. This prevents domain brokers from harvesting large numbers of domains.
The proof of use consists of a **signed declaration** and a **sample of proof of use**. This sample is defined as "an item that evidences an effort on behalf of the Trademark Holder to communicate to a consumer so that the consumer can distinguish the products or services of one from those of another."
Accepted samples of use include labels, tags, or containers from a product; or advertising and marketing materials (including brochures, pamphlets, catalogues, product manuals, displays or signage, press releases, screen shots, or social media marketing materials). Also a screenshot of a website that clearly shows the trademark is accepted.
Not accepted samples of use include inclusion of a trademark in a domain name; e-mail messages; licenses to use a trademark or applications for business licenses that include the trademark as part of the business name; or business cards.
Please refer to the [TMCH Guidelines](http://www.trademark-clearinghouse.com/sites/default/files/files/downloads/TMCH%20guidelines%20v1.2_0.pdf) section 2.2.3 for detailed descriptions of these data elements.
During the process of a Trademark Clearinghouse order we will provide you with more information about those documents.
# What is a label?
## Question
What is a label?
## Answer
A *label* is the term that the Trademark Clearinghouse (TMCH) uses to define which exact text string is covered by a validated trademark. It is the name of the trademark, converted into a domain-like representation. That means that characters that are invalid in a domain name (for example a space) are removed or converted.
As a trademark might be represented as different labels, depending on how the invalid characters are handled. The rules are the following:
- the special characters & and @ may be omitted, replaced by a hyphen or spelled out in one of the languages for which the trademark is valid
- special characters may be omitted or replaced by a hyphen
In all cases, the result should be a valid domain name, i.e. not starting or ending with a hyphen, not containing two or more consecutive hyphens and not being more than 63 characters in length.
As an example, assume the trademark “We & Openprovider” is registered in the Benelux Office for Intellectual Property. The following labels may be registered:
- weopenprovider (omitting &)
- we-openprovider (replacing & by a hyphen)
- we-and-openprovider (replacing & by the English 'and')
- we-et-openprovider (replacing & by the French 'et')
- and similar, replacing & by 'en', 'y' or 'und'
For more details and examples, please refer to section 3 of the [TMCH Guidelines](https://trademark-clearinghouse.com/sites/default/files/files/downloads/TMCH%20guidelines%20v1.2_0.pdf).
# What trademark can be registered in the Trademark Clearinghouse?
## Question
What trademark can be registered in the Trademark Clearinghouse (TMCH)?
## Answer
The Trademark Clearinghouse accepts any trademark which is:
- still valid in the trademark register (not expired, rejected, cancelled or withdrawn)
- in use by the trademark owner, in the class it is registered
- court validated mark or a marks protected by statute or treaty are [accepted](https://openprovider.help/books/domains/page/can-i-also-submit-other-types-of-trademarks-to-the-tmch) as well.
A trademark may contain international characters, but not a combination of character sets: a Chinese trademark is accepted, a trademark having both a Chinese word and an English word will not be accepted.
An [image trademark](https://openprovider.help/books/domains/page/can-a-device-mark-image-mark-be-registered-in-the-trademark-clearinghouse) (visual trademark or device mark) is accepted as well, as long as the image contains characters that are allowed in domain names.
Trademarks containing a dot (.) are only accepted if the dot is not part of a domain extension (apple.pear is allowed, apple.com isn't).
For more details, please refer to sections 2.2.5 and 4 of the [TMCH Guidelines](https://trademark-clearinghouse.com/sites/default/files/files/downloads/TMCH%20guidelines%20v1.2_0.pdf).