The Trademark Clearinghouse (TMCH) is the central repository for validated trademarks for the purpose of protecting brands under the Internet Corporation for Assigned Names and Numbers’ (ICANN) New Generic Top-Level Domains program (new gTLD program), permitting participation in both the Sunrise and Claims processes that ICANN established to give preference to brand owners. If your company was an early registrant in the TMCH, it is likely that your registrations had an effective date of November 5, 2013, which is the date that the TMCH went ‘live’. While the TMCH procedures provide for multi-year registrations, many registrants initially paid their US$150 fee for only a single year of registration. If so, your deadline to renew is November 5, 2014.
On September 30, 2014, in Nationstar Mortgage LLC v. Mujahid Ahmad, the U.S. Trademark Trial and Appeal Board (Board) sustained a claim of fraud on the U.S. Patent and Trademark Office (USPTO) for the first time since the Federal Circuit issued its 2009 decision in In re Bose, upholding an opposition to the mark NATIONSTAR for various real estate brokerage, mortgage and management services.
In response to fraud allegations, Ahmad needed to show that he was using the NATIONSTAR mark with each of the services prior to the filing date of his in-use application. Read More