Originally published June 21, 2011 Keywords: ICANN, internet corporation for
assigned names and numbers, applicant guidebook, top-level domains,
gTLDs At its June 20, 2011, board meeting in Singapore, the directors
of the Internet Corporation for Assigned Names and Numbers (ICANN)
voted to approve the Applicant Guidebook. This decision sets in
motion a rapid and unprecedented expansion of the number of generic
Top-Level Domains (gTLDs). Prior to approval of the new program, gTLDs, which are the
letter strings following the "dot" in an Internet address
(e.g., the "com" in .com), were limited to 21 specific
sequences, such as .com, .biz, and .mobi. While registrants were
free to register almost any sequence prior to the gTLD, known as a
second-level domain, registrants had few options when choosing a
gTLD. With ICANN's approval of the new program, the Top-Level
Domain Name space has been opened to allow the registration of
nearly any combination of letters, including brands or other terms,
such as .bank, .lawyer or .chicago. According to ICANN, the expansion will allow for a greater
degree of innovation and choice. While the full impact of this
expansion is uncertain, it is clear that regardless of their intent
to participate in the new program, brand owners will need to
reevaluate the way they currently monitor and enforce their brands
on the Internet. In addition to detailing the necessary procedures for
registering a new gTLD, the Applicant Guidebook contains several
trademark "Right Protection Mechanisms" that were
developed in consultation with trademark owners and their
representatives. These protections include a sunrise period, a
formal process for objecting to new gTLD applications and a
trademark clearinghouse meant to notify brand owners of infringing
domain name applications. In order to receive the full benefits of
these protections, however, brand owners must take specific steps
to have their marks validated and entered prior to the
launch of new gTLDs. The Applicant Guidebook also limits the number of new gTLD
applications that ICANN will delegate into the Internet in any
given year and sets a limited application window that will open on
January 12, 2012 and close April 12, 2012. While ICANN anticipates
that additional application rounds will follow this limited
application period, there is no guarantee that this will occur. As
a result, brand owners interested in participating in the new gTLD
program need to prepare in advance to ensure that they are not
excluded from the application process altogether. Learn more about our
Intellectual Property practice Visit us at
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