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Re: 60 day period
In conjunction with the comments by Sally Abel on the 60-day period, I would
like to add some comments to correct some misconceptions that have arisen
on the iahc-discuss list about the role of the registry and the effect of
challenges during the 60-day period.
The *only* involvement of the registry in the 60-day period or in any trademark
disputes arising during that period is the following:
1. Receiving an application (in good form) for a domain name;
2. Publishing the domain name;
3. Waiting 60 days;
4. Issuing the registration to the applicant so that the domain name can be
used.
This procedure will be followed in *every* case. It will be followed, whether
or not there is a challenge during the 60-day period. The registration *will*
be issued at the conclusion of the 60-day period, even if the trademark owner
takes the applicant to court during the 60 days; even if the trademark owner
sends a letter to the registrar demanding that the registration be withheld.
This is why IAHC members have stated on the list that the IAHC policy would take
the registry out of the disputes. There *is* no role for the registry, either
than to wait the 60 days to allow disputes to surface. And it is the early
surfacing of disputes that is seen as the value of the 60-day period for all, as
has been stated.
Albert Tramposch
WIPO
IAHC member, speaking on my own behalf