Defensive Applications for New gTLDs 

Comment/Reply Periods (*)

Important Information Links

Comment Open:

6 February 2012

Comment Close:

27 February 2012

Close Time (UTC):

23.59 UTC

Reply Open:

28 February 2012

Reply Close:

20 March 2012

Close Time (UTC):

23:59 UTC

Brief Overview

 

Originating Organization:

ICANN

Categories/Tags:

Top-Level Domains

Purpose (Brief):

The New gTLD Program features carefully crafted, new protections for trademark owners and consumers. When considering applications for new top-level names, the process is designed to protect these important interests through independent objection and dispute resolution processes (and other processes). However, as the time of the opening of the new gTLD application window drew near, parties stated their perception that they will need to submit "defensive" gTLD applications as a means to protect their trademarks. ICANN is seeking public comment on the sources of this perception and how it can be addressed.

Current Status:

ICANN is seeking public comment on the adoption of enhanced protections, to which some stakeholders recently indicated that there are concerns about the perceived need for "defensive" applications at the top level, and encouraged ICANN to ensure that the program was launched in a manner that protects intellectual property rights.

Next Steps:

ICANN will review all submitted comments, analyze, and take steps that could remediate and alleviate the concerns on "defensive" gTLD applications.

Staff Contact:

Kurt Pritz

Email:

kurt.pritz@icann.org

Detailed Information

 

Section I: Description, Explanation, and Purpose

The New gTLD Program was designed to increase competition and choice by introducing new gTLDs into the Internet’s addressing system. The Application Submission period for gTLD applications opened on 12 January 2012 and will close on 12 April 2012.

Section II: Background

The New gTLD Program was designed to increase competition and choice by introducing new gTLDs into the Internet’s addressing system. The Application Submission period for gTLD applications opened on 12 January 2012 and will close on 12 April 2012.
During the development of the New gTLD Program, some trademark holders indicated that they were concerned about the perceived need for defensive applications for top-level names, i.e., names applied for as registries in the new gTLDprogram.
This concern prompted discussion and consideration of several mechanisms during the development of the policy for the introduction of new gTLDs. Community discussions during the implementation of the program yielded a suite of additional trademark protections for new gTLDs. These are the rights protection mechanisms that were developed over a period of years by a set of intellectual property experts convened by ICANN and later enhanced by governments that participate through ICANN’s Governmental Advisory Committee.

Section III: Document and Resource Links

Details on all objection and dispute resolution processes can be found in Module 3 of the gTLD Applicant Guidebook.

Section IV: Additional Information

The New gTLD Program website: http://newgtlds.icann.org/en/

(*) Comments submitted after the posted Close Date/Time are not guaranteed to be considered in any final summary, analysis, reporting, or decision-making that takes place once this period lapses.

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