Advertisement

May 18, 2013

ICANN to Reveal List of gTLD Applications

On June 20, 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved the implementation of a new generic top-level domain (gTLD) program that allows businesses, organizations and other institutions to obtain their own domain name extensions, such as .library or .brand.  Nearly 2,000 applications were filed during the first application period, which closed on May 30, 2012.  ICANN is scheduled to publish a list of the proposed gTLDs on June 13, 2012, which the public can view here. Many applicants already announced their proposed gTLDs, such as Google, which applied for .google, .youtube and .docs, among others.

Those with interests or rights that may be adversely affected by the approval of a proposed gTLD will have the opportunity to object using dispute resolution procedures established by ICANN.  A trademark owner whose rights may be infringed by the approval of a proposed gTLD can file a Legal Rights Objection with the World Intellectual Property Organization (WIPO).  Objections to proposed gTLDs can also be filed on three other grounds:

  • String Confusion Objection – The applied-for gTLD is so similar to an existing TLD or to another applied-for gTLD that user confusion would likely result if both TLDs were operational.
  • Limited Public Interest Objection – The applied-for gTLD is contrary to generally accepted legal norms of morality and public order that are recognized under principles of international law.
  • Community Objection – There is substantial opposition to the gTLD application from a significant portion of the community to which the gTLD is targeted.

Information about the objection and dispute resolution process is available here. The objection period begins when the applied-for gTLDs are posted and is expected to remain open for approximately seven months.

ICANN is also establishing a Trademark Clearinghouse that will serve as another protection mechanism for trademark owners. The Clearinghouse will function as a single database of authenticated trademarks that all new gTLD registries must use to ensure that mandatory trademark protection mechanisms are implemented after a gTLD is approved and becomes operational.  For trademark owners, the fee for initial trademark authentication and validation services is expected to be less than $150 (USD) per submission, and annual renewal fees are expected at a percentage of the initial price.

More information about the trademark protection mechanisms established by ICANN is available here.

© MICHAEL BEST & FRIEDRICH LLP

About the Author

laura m. konkel. member, trademark law, michael best law firm
Associate

Laura Konkel is a member of the firm’s Intellectual Property Practice Group in the Milwaukee office. Her practice focuses on all aspects of trademark law including managing domestic and foreign trademark portfolios, prosecuting U.S. trademark applications, assisting in opposition and cancellation matters and infringement litigation proceedings.

414-225-2789

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. NLR does not accept advertising from attorneys or law firms. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be an advertisement or a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.