As the domain name ecosystem prepares for the next wave of generic top-level domains (gTLDs), trademark protection, is once again, a priority for legal, brand, and digital teams. While the expansion of the domain name space brings new opportunities, it also increases exposure to cybersquatting, brand abuse, and fraud.
To better understand how organisations should prepare, and why the Trademark Clearinghouse (TMCH) remains central to brand protection strategies, we spoke with Deloitte experts who have been involved with the Trademark Clearinghouse since its inception and continue to support organisations navigating an increasingly complex TLD landscape.
Why the Trademark Clearinghouse was created
When ICANN launched the first New gTLD Program in 2012, it marked the largest expansion of the Domain Name System to date. More than a thousand new domain extensions were introduced, significantly increasing the number of places where trademarks could be registered or misused.
According to Deloitte, this expansion fundamentally changed the risk profile for brand owners.
“In preparation for this large expansion, ICANN and the IP community recognised the increased risk of cybersquatting and abuse, particularly around domains matching registered trademarks.”
Before the creation of the Trademark Clearinghouse, the only way for trademark owners to secure their brands in the domain name space was to either be the first to buy the domain name matching their trademark or buy it from the current owner, a process that was unreliable, expensive, and unsustainable.
The Trademark Clearinghouse was introduced to address these challenges by creating a single, trusted source of verified trademark data that all new gTLD registries are required to recognise.
What is the Trademark Clearinghouse and how does it work in practice?
The Trademark Clearinghouse is a centralised repository of verified trademark rights. It does not register domain names or automatically block registrations. Instead, it validates trademark rights that already exist and enables access to mandatory protection mechanisms across all new gTLDs.
“The Trademark Clearinghouse was designed to create a single, centralised repository of verified trademark data, recognised by every new gTLD registry.”
Eligible trademarks include:
• Registered trademarks issued by recognised trademark offices
• Trademarks protected by statute or treaty
• Court-validated marks
Trademark owners submit their trademark certificates along with supporting documentation, including proof of use. Once verified, the record becomes eligible for all Trademark Clearinghouse services. If the validation team identifies inaccuracies, trademark holders are given the opportunity to correct and resubmit the information.
“By centralising this verification, brand owners do not need to prove their rights to numerous registries individually; instead, they can verify their data once with the Trademark Clearinghouse.”
Trademark Clearinghouse protection across the gTLD lifecycle
The Trademark Clearinghouse team highlights that Trademark Clearinghouse protection is not limited to a single phase of a domain launch, but spans the full lifecycle of a new gTLD, from pre-launch to general availability and beyond.
Sunrise Period: proactive protection before launch
Before a new gTLD opens to the public, ICANN requires every registry to offer a Sunrise Period. During this phase, trademark owners with validated Trademark Clearinghouse records receive priority access to register domain names that match their trademarks.
“The Sunrise Service gives trademark owners priority access to register domain names matching their trademark before the domain name becomes available to the public.”
Once a trademark is validated, the Trademark Clearinghouse issues a Signed Mark Data (SMD) file. This file acts as the credential required to participate in Sunrise registrations through accredited registrars.
Please note that domain name registrations are not processed directly through the Trademark Clearinghouse.
Trademark Claims: protection at launch
During the Trademark Claims period, the Trademark Clearinghouse provides both proactive and reactive protection by informing potential registrants and trademark owners about possible infringements.
“If someone attempts to register a domain name that matches a trademark included in the Trademark Clearinghouse, a warning notice will appear to the registrant during the domain name registration process.”
If the registration proceeds despite the warning, the trademark owner is notified immediately.
“In cases where the registrant continues with the registration, we inform the trademark holder that a domain name containing their trademark has been registered.”
Ongoing Notifications: monitoring beyond launch
Beyond the initial launch phases, the Trademark Clearinghouse continues to monitor domain name activity and alert trademark owners of potential misuse.
“The Trademark Clearinghouse monitors and sends alerts about domain name activity involving your trademark for new gTLDs, as well as for the most popular legacy TLDs.”
As a key part of this Ongoing Notification service, an unlimited number of variations can be added to further monitor domain name activity. This ensures comprehensive coverage across homoglyph variations or similar strings that may impact brands.
The following types of variations can be added to a Trademark Clearinghouse trademark record:
- Exact Match: “trademarkclearinghouse” and “trademark-clearinghouse”
- Containing: “thetrademarkclearinghouse” and “trademarkclearinghouseee’ (strings preceding or following the exact match label)
- Partial: “clearinghouse” and “markclearing” (partial match of the exact match label)
Similar: “trädemärkcleäringhouse” and “tràdémarkçlear1nghoüse” (variants of the exact match label). These notifications allow brand owners to detect potential misuse early and take appropriate action.
Trademark Clearinghouse as the foundation of a broader brand protection strategy
The Trademark Clearinghouse is most effective when used as part of a broader brand protection framework.
ICANN requires every new gTLD to include a Sunrise Period before general availability, and the Trademark Clearinghouse is the only mechanism that provides access to this mandatory, proactive protection.
As the next gTLD round approaches, the Trademark Clearinghouse highlights the importance of combining Trademark Clearinghouse services, including Sunrise, Trademark Claims, and Notification services, with complementary protection measures such as domain blocking solutions and alternative services like Proofmarked.
“Most companies will use a combination of solutions. The key is to understand the options early and ensure the right trademarks are verified well before any TLD launches.”
Trademark Clearinghouse and .brand Domains
For organisations considering a .brand top-level domain, a Trademark Clearinghouse registration is not optional.
“Providing an SMD file is a requirement for .brand applicants, which means companies must first ensure their trademarks are verified in the Trademark Clearinghouse to unlock their own dedicated extension.”
This positions Trademark Clearinghouse not only as a defensive tool, but also as a strategic enabler of secure, brand-controlled digital ecosystems.
More Than a Decade of Experience
Having supported the Trademark Clearinghouse since its launch, Deloitte points to operational maturity and human expertise as key success factors.
“While consistency and clarity in our processes are vital, our greatest strength has always been the people behind the Trademark Clearinghouse—their perseverance and commitment to excellence.”
At the same time, Deloitte acknowledges that awareness and usability remain areas of continued focus.
“User awareness remains a priority. As new organisations join the ecosystem, we aim to make the process as clear as possible, particularly for teams managing large trademark portfolios.”
Preparing for the next gTLD round: the Trademark Clearinghouse’ s advice to brand owners
The Trademark Clearinghouse’ s advice for organisations preparing for the next gTLD round is consistent: start early.
“Even if launch dates seem far off, the companies that prepare now will be in the strongest position.”
Preparation includes:
• Reviewing trademark portfolios
• Identifying priority and “crown jewel” brands
• Validating trademarks in the Trademark Clearinghouse
• Aligning legal, marketing, IT, and digital teams around Sunrise participation, monitoring, and defensive strategies
Reflecting on the first gTLD round, the Trademark Clearinghouse notes:
“The organisations that prepared early were the ones that avoided costly disputes and last-minute challenges.”
As the domain name landscape continues to evolve, the Trademark Clearinghouse remains a proven and trusted mechanism for protecting trademark rights online. Deloitte’s experience over more than a decade highlights the Trademark Clearinghouse not only as a compliance requirement, but as a strategic asset for organisations seeking to protect, expand, and strengthen their brands.