First-round application window opens for new Generic Top Level Domains (gTLDs)

On 12 January, a 90-day application window opened for organisations wishing to operate new Top Level Domain (gTLD) registries.  As of that date, around 150 organisations had publicly announced plans to apply during this first-round window, including corporations seeking to operate brand-based domains (e.g. '.canon', '.hitachi', '.deloitte', etc) and those seeking to operate geographical or generic domains such as '.irish', '.vegas', '.bank', '.music', '.eco', and '.health'.

Given the high costs involved (including application fees of $185,000 per application) and other major obstacles to applying for and operating new gTLDs, it is predicted that there will only be around 500 first-round applications, though some put the number at over 1,000.  Either way, all brand owners should be vigilant to the potential impact of this liberalised domain name environment on their own trade marks.

Protecting your trade marks

Details of the first-round applications filed will not be officially published until 1 May 2012, after the application window has closed.  A seven-month Objection Period will then open, during which time interested parties can formally object to any application with the designated dispute resolution service provider.  Trade mark owners should therefore be ready to check for any applications which might infringe their rights and to take appropriate action if necessary. 

For trade mark owners with the necessary financial resources, there is of course the question of whether to participate in this latest cyberspace 'landgrab' themselves, bearing in mind the high cost, potential commercial benefits and 'defensive registration' concerns.  It will also be interesting to see whether the cost barrier and other obstacles to owning and operating new gTLDs will work to the advantage of brand owners (individually or collectively) in the fight against cyber squatting, phishing and other online scams.

Further information

Information on the application process for new gTLDs is available from our domain name service partner, Valideus, at www.valideus.com.

For advice on the implications of the new gTLD system for your trade marks, please contact your usual Dehns advisor or any member of the Dehns Trade Mark Group.