Trademark Clearinghouse prices revealed

The cost of submitting trademarks to the forthcoming Trademark Clearinghouse will start at $150 per year, the Clearinghouse operator has revealed.
In a complex fee structure documents released this morning, the Clearinghouse outlines a range of discounting schemes that could reduce the cost to as little as $95 a year for big volume users.
But it looks like it’s going to be quite difficult to qualify for really substantial discounts.
Marks submitted to the Clearinghouse will eligible for the Trademark Claims service, which alerts the owners if someone registers a matching domain name, and may be eligible for new gTLD Sunrise periods.
The fees outlined today cover both services, though new gTLD registries will of course charge their own Sunrise fees on top of what the Clearinghouse asks.
The documents break down two types of pricing: basic credit card payments (for people with 10 trademarks or fewer) and advanced prepayment pricing, which is reserved for “agents”.
Agents will in most cases be digital brand management companies (think Melbourne IT or Markmonitor) but the Clearinghouse tells us that trademark owners can also become agents if they pre-pay.
The basic, credit-card tier costs $150 per year for a single trademark. The cost is reduced to $145 per year if the trademark owner registers the mark for three or five years.
The prepaid advanced tier is rather more complicated, based on the number of “status points” customers rack up.
A status point is earned for each trademark-year registered, with bonus points awarded for multi-year registrations and registrations made in a special “early bird” period (before the first-to-launch new gTLD’s Sunrise period begins).
Excluding these bonuses, agents would have to register over 100,000 trademark-years in order to qualify for $95-a-year pricing, which is the lowest available.
Multi-year registrations would make make the discounts kick in earlier, but only after certain milestones are passed.
The Clearinghouse document gives this example:

If you register the first 3,000 trademarks for a single year, they will be charged at 145 USD per registration. The next 22,000 will be charged at 135 USD. The next 35,000 registrations will be charged at 120 USD. For 60,000 registrations you will have paid 435,000 + 2,970,000 + 4,200,000 USD, or an average price of 126.75 USD

Smart agents will likely want to register their multi-year marks first, in order to earn bonus points and more quickly qualify for the cheaper rate on their single-year registrations.
Whether agents pass on their discounts to their customers is another matter entirely.
The Clearinghouse fees will be calculated based on the number of trademarks submitted, rather than the number of domain names matching those trademarks.
Each mark will automatically get up to 10 matching domain names entered into the database. If your trademark is “Joe’s Autos” your matching domain strings could be “joesautos”, “joes-autos” and even “joe-s-autos”.
Trademark owners will have to pay an extra dollar per year for each matching domain beyond 10.
The Clearinghouse — operated by Deloitte with a back-end provided by IBM — still plans to launch later in the first quarter this year.
You can download its pricing scheme from its web site.

Architelos sees sales double to $2 million in 2012

New gTLD consultancy and software provider Architelos said it booked sales of $2 million in 2012, its second year in business, doubling its 2011 numbers.
The company said revenue for the year was $1.7 million. Architelos is bootstrapped and profitable.
Business was no doubt helped by the launch of TLD Sentry, its software service for managing abuse in TLD registries, which signed up Donuts and Top Level Domain Holdings as showcase clients.
The company plans to release another service, designed to help manage gTLD financials, during 2013.

DI to participate in New York new gTLD conference

The agenda for the two-day Digital Marketing & gTLD Strategy Congress in New York this March has been published, and I’m happy to say that DI is involved.
The Congress is being organized by Momentum Consulting Group and I expect it to have a bigger focus on dot-brand gTLDs than any other event of its kind to date.
The keynote speaker on day one is Georges-Edouard Dias, the chief digital officer for L’Oreal, which has applied for 13 gTLDs. Executives from Interbrand and Citi will also be speaking.
I’ve agreed to host a “fireside chat” after lunch on the first day, with Sally Costeron, ICANN’s senior adviser to the CEO on stakeholder engagement. Audience participation will be encouraged.
The subject of the discussion is: “How TLDs Empower Consumers, Offer Choice and Provide New Opportunities for Brands”. Here’s what the conference brochure (pdf) says:

At the core of the new TLD program was the desire for choice, competition and innovation. The new TLD program will help the Internet become more global (including Chinese, Arabic, etc letters). This keynote will outline ICANN’s commitment to a long term strategy with a plan for a system and structure to support the objectives.

Several sessions are also planned on domain registration and branding strategies for companies that have not applied for their own new gTLDs.
Conference tickets range from $1,295 to $1,695, depending on when you book. The next price increase is coming January 18.

Amazon, Uniregistry, Verisign… here’s who won the new gTLDs lottery

Amazon, Uniregistry and Verisign were among the luckiest companies competing in yesterday’s New gTLD Prioritization Draw, our preliminary analysis indicates.
ICANN spent nine and a half hours last night pulling lottery tickets from a drum in order to determine the order in which it will evaluate, negotiate and delegate new gTLD bids.
Applicants representing 1,766 applications bought tickets, a 92% turnout. Internationalized domain names were given special priority, but all other participants were treated equally.
A few hundred people — including Santa Claus, there to represent Uniregistry’s .christmas bid — showed up, with many more participating remotely.
Not many people stayed the course, however. In introductory remarks, ICANN CEO Fadi Chehade promised that the Draw would be “as boring as possible”, and it kept to his promise.
“I think it went really well,” ICANN’s new new gTLD program manager, Christine Willett, told DI today.
“I think people were really pleased and pleasantly surprised with how transparent it was,” she said. “We could have done it much faster electronically, but it wouldn’t have been as transparent.”
I’ve spent much of today drilling into the results of The Draw, using the DI PRO New gTLD Application Tracker, and here are some of my findings.
Uniregistry won the most contention sets.
Uniregistry, the portfolio applicant owned by domainer Frank Schilling, won more contention sets, in percentage terms, than other volume applicants.
This table shows the performance of the top 10 applicants (as measured by the number of contention sets they’re in).
[table id=10 /]
Getting the best draw number in a contention set is of course not indicative of any skill or of the quality of the applications, it just means the applicant got lucky.
Neither is it an indication of whether the applicant is likely to ultimately win their contention set; myriad other factors are in play.
There may even be some advantages to poorer draw numbers. We’ll get to that later.
Amazon is the luckiest portfolio applicant.
Amazon was the most successful applicant in the Draw of any company applying for 20 or more gTLDs, as measured by average prioritization numbers.
[table id=9 /]
The average for each applicant is of course affected positively by the number of IDN applications it filed, and negatively by the number of applications for which it opted out by not buying a ticket.
Amazon applied for 11 IDNs, increasing its average score, while Google did not buy tickets for 24 of its applications, substantially reducing its portfolio’s mean priority.
Likewise, Famous Four Media did not buy tickets for 12 of its applications.
Dot-brands fared less well, on average, than open gTLDs.
Single-registrant TLDs (which includes dot-brands and generic strings with single-registrant models, such as Google’s .blog application) had an average priority of 983, compared to 921 for TLDs we’ve identified as having “open” registration policies.
Verisign’s clients did better than most other registry back-ends.
Of the registry back-end providers named in more than 20 applications, China’s KNET fared best, with an average draw number of 328, according to our data. That’s to be expected of course, due to the inherent bias in the process towards IDN applications.
Of the rest, Verisign topped the list at 913 (to be expected again, given its own dozen IDN gTLD applications), followed closely by KSRegistry at 915. Minds + Machines got 930, Demand Media 942, Internet Systems Consortium 947 and Neustar 953.
OpenRegistry was unluckiest, with an average of 1,207, preceded by Google with 1,050 and GMO Registry with 1,027. CORE scored 1,000, ARI Registry Services 1,007, CentralNic 983 and Afilias 994.

Van Gelder leaves NBT, goes solo with consulting biz

Stephane Van Gelder, who co-founded the French registrar Indom in 1999, is leaving the company at the end of the year.
He’s founding a new company, Stephane Van Gelder Consulting, saying he wants to provide consulting services to domain portfolio owners, registrars and registries.
Indom was acquired by European registrar holding company Group NBT two years ago for about $22 million.
Van Gelder was until October chair of ICANN’s Generic Names Supporting Organization Council, and has recently kindly provided DI with a few provocative guest posts.

List your job openings for free on DI Jobs

DI Jobs has been given a total overhaul, and I’m pleased to announced that you can now list your domain name industry job openings completely free of charge.
You can check out the new site here.
The new service supports logos, maps, tags, and allows extensive job descriptions to be uploaded. After posting, ads can be edited by the poster via the account interface.
It’s new software, so should be considered a “beta” for the time being, but early testers tell me everything is functioning as expected so far.
It’s our intention to keep the listing service free forever, though we may introduced premium-placement options at a later date.

Europe rejects ICANN’s authority as it warns of problems with 58 new gTLDs

The European Commission has issued a list of 58 new gTLD applications it considers problematic, thumbing its nose at ICANN’s procedures for handling government objections to new gTLDs.
The list, sent to all applicants this afternoon, draws in several applications that were not already subject to Early Warnings from other GAC nations, including .sex, .sexy and .free.
Remarkably, the cover letter says that the gTLDs are not “Early Warnings” as described by the ICANN Applicant Guidebook and says the Commission may continue to work outside the established process in future:

The position outlined in this letter is without prejudice to any further action that the Commission might decide to undertake in order to safeguard the rights and interests of the European Union and of its citizens.
For the sake of clarity, the Commission does not consider itself legally bound to the processes, including the means of recourse, outlined in the new gTLD Applicant Guidebook and/or adopted by ICANN, unless a legal agreement between the latter and the Commission exists.

While that’s little more than a statement of fact — governments are of course free to do whatever they want in their own jurisdictions — it’s giving applicants much more reason to be nervous.
Even if they don’t receive GAC Advice against their applications, the EC may decide to take other action against them.
The fact that the letter also explicitly states that the warnings are definitely not official Early Warnings — meaning applicants on the list won’t even qualify for the extra refund if they drop out — sends a worrying signal that the EC is not in the mood to play by ICANN’s rules.
As for the list itself, the Commission’s letter states that it’s “non-exhaustive” and that it focuses on bids that “could possibly raise issues of compatibility with the existing legislations (the acquis) and/or with policy positions and objectives of the European Union”.
The fact that the list contains ICM Registry’s .adult and .sex applications, but not its identical .porn bid, seems to confirm that the list does not cover all the gTLDs the Commission has a problem with.
The letter (pdf) states that the Commission will attempt to enter into “further discussions” with the applicants on the list (pdf).

New gTLD marketing conference coming to New York

Momentum Consulting has announced a conference focused on marketing with new gTLDs for New York City next March.
The Digital Marketing & gTLD Strategy Congress is designed for brand managers, trademark lawyers and marketing executives, according to organizers.
The preliminary agenda was published today. It includes speakers from Citibank, which has applied for two new gTLDs, Neustar, Afilias, Domain Diction, PIR, Deloitte and Donuts.
ICANN CEO Fadi Chehade has also been invited to deliver the keynote, according to the agenda.
Lead sponsors include Afilias and Domain Diction. DI, Domain Name Wire and The Domains are media sponsors.
The event will run from March 11 to 12 in New York City. The venue does not appear to have been confirmed yet.

Right Of The Dot to offer new gTLD contention auctions with Escrow.com

New gTLD consultancy Right Of The Dot has partnered with Escrow.com on a new auction offering designed for new gTLD applicants in contention sets.
The deal, which ROTD said is exclusive, will enable the company to offer trustworthy escrow of funds as part of its auction service.
ROTD is planning three standard types of auction design — sealed-bid, ascending bid and live oral — for when mediation between gTLD applicants fails or is not wanted.
Its fees start at 4% of the winning bid, with the remainder being distributed to losing bidders.
Private auctions are expected in many cases to be the contention resolution method of choice for new gTLD applicants, because the losing bidders get paid when they drop out.
The alternative method laid out in the ICANN Applicant Guidebook would see funds flow instead to ICANN.
ROTD is the consultancy formed last year by well-known domain investors Monte Cahn (formerly of Moniker) and Michael Berkens (author of TheDomains.com).

Indian domain conference attracts 4,000

While US domain conferences are reportedly becoming sedate affairs, a domain-heavy summit that kicks off tomorrow in Mumbai has more than 4,000 signed-up attendees, according to organizers.
The two-day ResellerClub Hosting Summit, organized by Directi, may have “hosting” in the title, but its sponsors and agenda reveal a strong presence from the domain name industry.
Verisign is the major sponsor, plugging its .com and .net TLDs. Other sponsors include .org, .biz, .co, .asia and .pw.
The agenda features speakers from Public Interest Registry, ICANN, NameMedia and Directi new gTLD applicant Radix.