Awareness needed of the following

The Registry for .xxx domain names has provided the dates for the launch of .xxx domain names. The Sunrise will start on 7 September 2011 and close on 28 October 2011. The most significant addition to the information previously provided (at http://www.cultivateip.com/cultivateipblog/?entry=3431) is that those outside the Adult Entertainment industry (and without registered trade marks) will be able to register .xxx domain names after 6 December 2011 and the start of the period of General Availability, the implications of this are outlined below.

Last opportunity for brand owners outside the Adult Entertainment Industry to protect their brands in .xxx Sunrise for brands currently without registered marks

Brand owners outside the Adult Entertainment Industry with brands currently without registered marks possess a last opportunity to protect these brands in the .xxx Sunrise. It is possible to file an expedited registration for a mark to form the basis of an application to block the mark in the .xxx Sunrise. If all formalities are in order an expedited registration can be achieved in certain jurisdictions in three working days or less. The registration is then followed by the opposition period, although the mark can face absolute grounds objections or may be opposed. To be eligible for the .xxx Sunrise the trade mark must be in full force and effect.

Implications of new opportunity for brand owners outside the Adult Entertainment industry to protect their brands without registered trade marks by registering domain name in General Availability

Brand owners outside the Adult Entertainment industry and without a registered trade mark for their brand will also be able to protect their brand by registering a .xxx domain name in the General Availability period under the policy announced by the Registry. This provides an alternative to placing a sunrise order. These domain names cannot be used to locate a website. The owner of a domain name registered this way will appear in the public whois and the domain name will need to be renewed year each. The General Availability period is planned to start on 6 December 2011 and will be continuous.

Sunrise

The Sunrise period in which the three categories of applicant previously identified and below, will open on 7 September 2011 and close on 28 October 2011. Each category applies simultaneously.

  1. Trade mark owning members of the Adult industry

Members of the Adult industry with trade marks registered before 1 September 2011 will be able to apply for the corresponding .xxx domain name.

  1. Trade mark owners outside the Adult industry

Trade mark owners from outside the Adult industry with marks registered before the start 1 September 2011 will be able to apply to block the corresponding .xxx domain name.

  1. Grandfathering for members of the Adult industry

Members of the Adult industry with other domain names will be able to apply for the corresponding .xxx domain name. The domain name will be auctioned between applicants if more than one application is received for the same domain; for example from the owners of adultbrand.com and adultbrand.us .

Landrush only available to members of the Sponsored or representative community: the Adult Entertainment industry

Only members of the Adult Entertainment industry can apply in the Landrush, this will operate from 8 November 2011 to 25 November 2011.

Action Necessary for brand owners outside the Adult Entertainment industry

Brand owners outside the Adult Entertainment industry need to identify the brands they wish to protect and whether it is appropriate to submit blocking Sunrise applications or register as domain names after the start of the period of General Availability.

Details for sunrise applications from trade mark owners outside the Adult industry

To submit a blocking Sunrise application for the owner of a trade mark outside the Adult Entertainment industry requires the details below in addition to the contact details of the applicant. Additional restrictions exist on the criteria of eligible trade marks for the Sunrise, specifically relating to marks that contain other non word elements, please contact us for further details.

Trade mark: word element of trade mark

Trade mark Registration number:

Jurisdiction of trade mark registration: Please specify the country or region covered.

Date the trade mark was applied for:

Date the trade mark was granted: Must be prior to 1 September 2011

Number of the Class the mark is registered under:

Entitlement: owner, licensee, or assignee.