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18(a) Describe the mission/purpose of your proposed gTLD

gTLDFull Legal NameE-mail suffixDetail
.商标HU YI GLOBAL INFORMATION RESOURCES(HOLDING) COMPANY.HONGKONG LIMITEDhuyi.cnView
The mission of the .商标 gTLD (“商标” in simplified Chinese is the equivalent to the English term “Trademark”) Registry is to provide leading gTLD registry services to global trademark holders seeking to provide accurate and specific trademark related information to the Greater China and global Chinese speaking markets.

The purpose of our application is to, upon approval, execute on our goal to reduce intellectual property rights related issues, specifically related to trademarks, and subsequently improve global cooperation.

As a result of increasing global trade and global economic interdependence, country-to-country intellectual property rights infringement related issues as well as lawsuits are rising. This is especially true with regards to “China-to-Other Country” and “Other Country-to-China” intellectual property rights related cases. However, Chinese businesses and the Chinese government have been focusing more and more energy and attention towards addressing and resolving these concerns. Both of these points can be clearly demonstrated by looking at solid data provided by highlights listed in an article published on 4⁄22⁄2012 by the China Intellectual Property News in 2011 titled: Ten Years of Chinese Trademarks:

•The total amount of trademark applications in China reaches 8,213,000.
•The total amount of trademark registrations in China reaches 5,545,000.
•The amount of trademark applications for registration is over 1,000,000 in 2010.
•The amount of well-known trademarks recognized by Chinese Administrative Authorities is over 2000.
•The amount of geographical indications is over 1100.
•The total amount of Customs Recordation for trademarks reaches 8853. The amount of the infringing products detained by China Customs reaches 108,000,000 in 2010.
•The amount of Administrative Lawsuits for trademarks accepted by Chinese Courts reaches 2026 in 2010.
•China concentrates on the special actions against the IPR infringements, manufactures and sales of counterfeit goods from October 2010 to March 2011. By January 7, 2011, the amount of the infringement and counterfeit cases handled by Administrations for Industry and Commerce reaches 16,036. Within them, there are 2439 cases regarding trademarks owned by foreign parties.

It is often very clear that intellectual property conflicts commonly arise out of not knowing what actual intellectual property rights others have, and that many conflicts are non-voluntary and non-malicious in nature especially with regards to trademarks since trademark registration regulations differ from country to country. Furthermore, currently, an open global trademark platform for checking trademarks and related information does not exist therefore resulting in continued conflicts.

The Applicant’s company has been involved in the trademark registration business in China for many years and is one of China’s largest trademark registration companies. It is a member of various International and Chinese intellectual property and trademark associations including:

International Trademark Association (INTA)

China Trademark Association

China Chapter (AIPPI) The International Association for the Protection of Intellectual Property

Beijing Chapter of the China E-Commerce Association Internet Intellectual Property Advancement Center

Guangzhou Chapter of the China E-Commerce Association Internet Intellectual Property Advancement Center

The applicant has also been one of the most recognized and successful ICANN and CNNIC accredited registrars in China for almost 10 years.

Pointing to our many years of experience, expertise and successes in intellectual property rights and domain name businesses, we are confident that upon being awarded approval to operate the .商标 gTLD registry, we can continue to leverage on the power of the Internet to enable trademark holders to quickly, efficiently and easily disseminate their trademark related information , reduce country-to-country and enterprise-to-enterprise intellectual property conflicts, as well as lawsuits arising from not understanding specific details about a trademark. Using the Internet, specifically domain names, allows Chinese speaking users (especially those in fast growing economies with a less developed history in intellectual property rights protection) as well as businesses, to conveniently search for and understand a trademark holder’s relevant information. This method not only increases a trademark holder’s ability to operate under and promote their trademark, but also significantly decreases trademark related conflicts between Chinese speaking individual or businesses, while also decreasing intellectual property rights conflicts overall, thereby protecting trademark holder’s rights.
The Applicant has always been a strong proponent of the power and efficacy of Internet addressing functions, namely domain names, and their ability to solve real world problems such as the intellectual property rights conflicts mentioned above. We are confident that their value doesn’t end there and believe that we should continue to develop new ways to derive value from them that contribute to the betterment of human kind.

About the Applicant: HU YI GLOBAL INFORMATION RESOURCES (HOLDING) COMPANY.HONGKONG LIMITED (Hu Yi Global)

Hu Yi Global, founded in 2001, has over 100,000 customers and is one of Hong Kong’s largest Internet Addressing and Intellectual Property Protection service providers.

Hu Yi Global provides Internet Addressing and Intellectual Property Protection services to businesses worldwide and aims to develop the best, most innovative, high productivity and convenient platform over a highly efficiency network together with an intellectual property rights protection automation system.

Hu Yi Global’s sister company, Guangdong Hu Yi Science Co. Ltd.(Guangdong Hu Yi) located in Guangzhou, China, also founded and majority owned by Mr. Xiongwei Huang, is a provider of Internet Addressing and Intellectual Property Protection services. Guangdong Hu Yi currently has over 30 subsidiaries around mainland China and over 2,000 employees including 1,800 sales persons. It is one of China’s largest Internet Addressing and Intellectual Property Protection services providers with close to 500,000 customers. Guangdong Hu Yi is CNNIC accredited for .CN domain registrations, and Chinese Domain Names. It is also accredited by KNET for Internet Keywords and Wireless Keywords. It’s primary service and product offerings include: Internet addressing resources such as domain names, Internet Keywords, Wireless Keywords, Intellectual Property Protection services such as trademark and copyright registration, and patent registration and protection. Guangdong Bangxin International Intellectual Property Co. Ltd., another subsidiary of Guangdong Hu Yi, is a specialized Intellectual Property Rights related service platform and is a member of the China Chapter of The International Association for the Protection of Intellectual Property (AIPPI), the International Trademark Association (INTA), the China Trademark Association and other industry organizations.
gTLDFull Legal NameE-mail suffixDetail
.emailSpring Madison, LLCdonuts.coView
Q18A CHAR: 7985

ABOUT DONUTS
Donuts Inc. is the parent applicant for this and multiple other TLDs. The company intends to increase competition and consumer choice at the top level. It will operate these carefully selected TLDs safely and securely in a shared resources business model. To achieve its objectives, Donuts has recruited seasoned executive management with proven track records of excellence in the industry. In addition to this business and operational experience, the Donuts team also has contributed broadly to industry policymaking and regulation, successfully launched TLDs, built industry-leading companies from the ground up, and brought innovation, value and choice to the domain name marketplace.

DONUTS’ PLACE WITHIN ICANN’S MISSION
ICANN and the new TLD program share the following purposes:
1. to make sure that the Internet remains as safe, stable and secure as possible, while
2. helping to ensure there is a vibrant competitive marketplace to efficiently bring the benefits of the namespace to registrants and users alike.

ICANN harnesses the power of private enterprise to bring forth these public benefits. While pursuing its interests, Donuts helps ICANN accomplish its objectives by:

1. Significantly widening competition and choice in Internet identities with hundreds of new top-level domain choices;
2. Providing innovative, robust, and easy-to-use new services, names and tools for users, registrants, registrars, and registries while at the same time safeguarding the rights of others;
3. Designing, launching, and securely operating carefully selected TLDs in multiple languages and character sets; and
4. Providing a financially robust corporate umbrella under which its new TLDs will be protected and can thrive.

ABOUT DONUTS’ RESOURCES
Donuts’ financial resources are extensive. The company has raised more than US$100 million from a number of capital sources including multiple multi-billion dollar venture capital and private equity funds, a top-tier bank, and other well-capitalized investors. Should circumstances warrant, Donuts is prepared to raise additional funding from current or new investors. Donuts also has in place pre-funded, Continued Operations Instruments to protect future registrants. These resource commitments mean Donuts has the capability and intent to launch, expand and operate its TLDs in a secure manner, and to properly protect Internet users and rights-holders from potential abuse.

Donuts firmly believes a capable and skilled organization will operate multiple TLDs and benefit Internet users by:

1. Providing the operational and financial stability necessary for TLDs of all sizes, but particularly for those with smaller volume (which are more likely to succeed within a shared resources and shared services model);
2. Competing more powerfully against incumbent gTLDs; and
3. More thoroughly and uniformly executing consumer and rights holder protections.

THIS TLD
This TLD is attractive and useful to end-users as it better facilitates search, self-expression, information sharing and the provision of legitimate goods and services. Along with the other TLDs in the Donuts family, this TLD will provide Internet users with opportunities for online identities and expression that do not currently exist. In doing so, the TLD will introduce significant consumer choice and competition to the Internet namespace – the very purpose of ICANN’s new TLD program.

This TLD is a generic term and its second level names will be attractive to a variety of Internet users. Making this TLD available to a broad audience of registrants is consistent with the competition goals of the New TLD expansion program, and consistent with ICANN’s objective of maximizing Internet participation. Donuts believes in an open Internet and, accordingly, we will encourage inclusiveness in the registration policies for this TLD. In order to avoid harm to legitimate registrants, Donuts will not artificially deny access, on the basis of identity alone (without legal cause), to a TLD that represents a generic form of activity and expression.

DONUTS’ APPROACH TO PROTECTIONS
No entity, or group of entities, has exclusive rights to own or register second level names in this TLD. There are superior ways to minimize the potential abuse of second level names, and in this application Donuts will describe and commit to an extensive array of protections against abuse, including protections against the abuse of trademark rights.

We recognize some applicants seek to address harms by constraining access to the registration of second level names. However, we believe attempts to limit abuse by limiting registrant eligibility is unnecessarily restrictive and harms users by denying access to many legitimate registrants. Restrictions on second level domain eligibility would prevent law-abiding individuals and organizations from participating in a space to which they are legitimately connected, and would inhibit the sort of positive innovation we intend to see in this TLD. As detailed throughout this application, we have struck the correct balance between consumer and business safety, and open access to second level names.

By applying our array of protection mechanisms, Donuts will make this TLD a place for Internet users that is far safer than existing TLDs. Donuts will strive to operate this TLD with fewer incidences of fraud and abuse than occur in incumbent TLDs. In addition, Donuts commits to work toward a downward trend in such incidents.

OUR PROTECTIONS
Donuts has consulted with and evaluated the ideas of international law enforcement, consumer privacy advocacy organizations, intellectual property interests and other Internet industry groups to create a set of protections that far exceed those in existing TLDs, and bring to the Internet namespace nearly two dozen new rights and protection mechanisms to raise user safety and protection to a new level.

These include eight, innovative and forceful mechanisms and resources that far exceed the already powerful protections in the applicant guidebook. These are:

1. Periodic audit of WhoIs data for accuracy;
2. Remediation of inaccurate Whois data, including takedown, if warranted;
3. A new Domain Protected Marks List (DPML) product for trademark protection;
4. A new Claims Plus product for trademark protection;
5. Terms of use that prohibit illegal or abusive activity;
6. Limitations on domain proxy and privacy service;
7. Published policies and procedures that define abusive activity; and
8. Proper resourcing for all of the functions above.

They also include fourteen new measures that were developed specifically by ICANN for the new TLD process. These are:

1. Controls to ensure proper access to domain management functions;
2. 24⁄7⁄365 abuse point of contact at registry;
3. Procedures for handling complaints of illegal or abusive activity, including remediation and takedown processes;
4. Thick WhoIs;
5. Use of the Trademark Clearinghouse;
6. A Sunrise process;
7. A Trademark Claims process;
8. Adherence to the Uniform Rapid Suspension system;
9. Adherence to the Uniform Domain Name Dispute Resolution Policy;
10. Adherence to the Post Delegation Dispute Resolution Policy;
11. Detailed security policies and procedures;
12. Strong security controls for access, threat analysis and audit;
13. Implementation DNSSEC; and
14. Measures for the prevention of orphan glue records.

DONUTS’ INTENTION FOR THIS TLD
As a senior government authority has recently said, “a successful applicant is entrusted with operating a critical piece of global Internet infrastructure.” Donuts’ plan and intent is for this TLD to serve the international community by bringing new users online through opportunities for economic growth, increased productivity, the exchange of ideas and information and greater self-expression.