Reveal Day is the day that ICANN posts all applications for the new global Top Level Domains (“gTLD”) and who has applied for them. It is anticipated that 1,900 applications have been made for new gTLDs.
To check if anyone has applied for a gTLD which is the same or similar to any of your company’s brand names or trade marks, click here.
Someone has applied for a gTLD with my trade mark…..What can I do?
ICANN has put in place several procedures to protect owners of brands or trade marks. For example, if you have concerns that an applied-for gTLD may infringe your company’s rights, you can:
- submit informal comments (within 60 days of Reveal Day) to be considered by ICANN panels evaluating the application for the gTLD;
- file a formal objection during the Initial Evaluation Period (within 7 months of Reveal Day); or
- wait until the end of the Initial Evaluation Period, and then file a formal objection (within 2 weeks).
What are the grounds for objection?
If anyone has applied for a gTLD which is the same or similar to any of your company’s brand names or trade marks, you can lodge an objection on the basis that the gTLD will:
- cause confusion because of a similarity with an existing TLD or applied-for gTLD; or
- interfere with your company’s legal rights.
How can I protect my trade mark “at the second level” in the new gTLD world?
Once a gTLD is allocated, its operator will be able to on-sell domain names but will also be required by ICANN to implement new rights protection mechanisms. These will rely on a centralised database of brands and trade marks known as the “Trademark Clearinghouse”, on which trade mark owners will soon be able to register their trade marks for a (yet-to-be-determined) fee.