TMCH: definition

The Trademark Clearinghouse (TMCH) is a central database of verified trademark data, set up by ICANN Internet Corporation for Assigned Names and Numbers The nonprofit that coordinates the global DNS and gTLD policy. Full definition of ICANN for new generic top-level domains. When a new domain extension opens, it lets trademark holders register matching names early, and it warns other people who try to register those names. It does not decide who owns a mark and it does not block anyone.

What the Trademark Clearinghouse is

ICANN calls the TMCH a global repository for trademark data. It has two jobs, which its rules keep separate: verifying the trademark records that rights holders submit, and serving the verified data to registry The central database and system of a top-level domain, or loosely the organization that runs it. Full definition of registry and registrar A company that registers domain names for customers with the registry. Full definition of registrar.

As of October 2026, Deloitte is the only provider authorised to verify trademarks, and Kyndryl runs the database that registries and registrars query.

Every registry operator The organization that holds the contract or mandate for a TLD and sets its rules. Full definition of registry operator under ICANN’s new gTLD Registry Agreement The contract between ICANN and a gTLD registry operator. Full definition of Registry Agreement must use the TMCH (Specification 7), and may not require trademark owners to use any other validation service instead of it or as well.

The idea came from the Implementation Recommendation Team The 2009 expert group that proposed trademark protections for new gTLDs. Full definition of Implementation Recommendation Team (2009); the 2012 Applicant Guidebook The rulebook for applying for a new gTLD in an ICANN round. Full definition of Applicant Guidebook fixed the design.

What it gives trademark owners: sunrise access and claims notices

The data feeds two services that every new gTLD must run at launch.

Sunrise. Before general availability The phase when a TLD opens to public registration. Full definition of general availability, only holders with a valid SMD file Signed Mark Data A signed file from the Trademark Clearinghouse showing that a trademark qualifies for sunrise. Full definition of SMD file may register names that match their marks. The SMD file is a signed token showing that the TMCH has verified the holder’s sunrise eligibility; the registrar sends it with the application. A sunrise lasts at least 30 or 60 calendar days, depending on how names are allocated. The registry may add conditions, such as a class of goods or a local presence rule, and must have an SDRP Sunrise Dispute Resolution Policy A registry's policy for challenging domain names registered during its sunrise period. Full definition of SDRP for challenges.

As of October 2026, under the 2026 requirements, challenges to the trademark record itself go to the TMCH’s own dispute procedure.

Trademark claims. For at least the first 90 days of general availability, anyone trying to register a matching name sees a claims notice from the registrar, in real time and free of charge. To continue, they must tick a box that is not pre-ticked, and they may still register. If they do, the TMCH notifies the trademark holder.

As of October 2026, under the 2026 requirements, the notice must be in English and in the language of the registration agreement, with a link to translations in the six United Nations languages.

Trademark +50 A Clearinghouse option to add previously abused variants of a mark for claims notices. Full definition of Trademark +50. A holder can attach up to 50 extra label One dot-separated part of a domain name, up to 63 characters long. Full definition of label to a verified record, each from a UDRP Uniform Domain-Name Dispute-Resolution Policy ICANN's out-of-court process for trademark disputes over domain names. Full definition of UDRP or national court decision the holder won. These labels trigger claims notices that cite the decision, but they give no sunrise right and no SMD file, and they stop when the record expires.

As of October 2026, in the 2026 Round ICANN's second round of applications for new generic top-level domains. Full definition of 2026 Round, a .brand A top-level domain that a company runs for its own trademark. Full definition of .brand applicant An organization that has applied to ICANN to run a new gTLD. Full definition of applicant must also submit SMD files, and the applied-for string The characters an applicant asks ICANN to approve as a new top-level domain. Full definition of applied-for string must exactly match a label in one of them.

How to record a trademark

The holder, or an agent, submits the trademark, the class of goods or services, the jurisdiction where it is registered, and a sworn declaration that the information is true, current and not supplied for an improper purpose.

Qualifying marks are nationally or regionally registered word marks, word marks validated by a court or protected by statute or treaty, and other marks by arrangement with a registry. Applications, marks in an opposition period, invalidated marks and marks containing a TLD top-level domain The last part of a domain name, after the final dot. Full definition of TLD, such as “.icann”, are not accepted.

Claims need no proof of use. Sunrise does: a signed declaration that the mark is in use, plus a sample such as packaging or advertising, filed with the record or later.

Each record becomes domain labels under fixed matching rules. Only identical matches count: no plurals and no longer names that contain the mark.

Costs and renewals

The parties that use the TMCH pay for it. Trademark holders pay for verification; as of October 2026, up to 10 matching labels per record are included, and more cost an extra fee. Current fee amounts for holders are not given here.

Registries pay too. Under the base Registry Agreement of 21 January 2024, a registry pays ICANN a one-time fee of 5,000 USD for TMCH access plus 0.25 USD per sunrise and claims registration (as of October 2026). ICANN collects these fees and passes them on to Kyndryl.

Records are not permanent: a holder who wants to stay in the TMCH must renew the data periodically.

Limits of the protection

It covers only gTLD generic top-level domain A top-level domain not tied to a country, run under ICANN contracts. Full definition of gTLD under ICANN’s new gTLD Registry Agreement: nothing in .com or in ccTLD country code top-level domain A top-level domain for a country or territory, usually two letters long. Full definition of ccTLD such as .es.
Only identical labels match. Typos are covered only if added through Trademark +50, and then only for claims.
A claims notice warns; it does not block. The registration goes ahead if the applicant confirms.
Recording creates no legal right and guarantees no domain; the TMCH does not rank holders of the same mark.
After registration, remedies are separate procedures: the UDRP, the URS Uniform Rapid Suspension System A fast procedure that suspends clearly infringing domains, mainly in new gTLDs. Full definition of URS or the courts.

As of October 2026, two versions of the requirements are in use: 14 May 2014 for existing agreements and 12 March 2026 for the 2026 base Registry Agreement. ICANN’s proposal to extend the 2026 version to 2012-round registries had no published decision.

A worked example

Example Ltd holds a registered word mark EXAMPLE. It records the mark with proof of use and receives an SMD file.

A new gTLD opens. During its sunrise, Example Ltd’s registrar sends the SMD file to apply for “example”. The registry’s own rules still apply.
In the first 90 days of general availability, someone else tries to register “example” there, sees the claims notice, ticks the box and goes ahead. Example Ltd then receives a notice of the registration.

Whether to record a mark, or what to do after a claims notice, depends on each case: ask a registrar or a lawyer.

TMCH