July 26th, 2011
One of the biggest changes to the internet is just around the corner. The Internet Corporation for Assigned Names and Numbers ("ICANN"), who is responsible for managing the internet's domain name system, has just come one step closer to expanding the number of generic Top-Level Domains ("gTLDs") available for use. On June 20, 2011, ICANN voted to approve the "gTLD Applicant Guidebook." The Guidebook sets out all of the rules for obtaining and maintaining domain name addresses under the new gTLD program. Approval of the Guidebook sets the expansion into motion.
Currently there are 22 gTLDs available (such as .com, .net, .org or .edu), but the new ICANN program will allow nearly any combination of letters, including common words or brands to form the new gTLDs. For example, Michaud-Kinney Group could apply for the addresses www.mkgip.lawyers or www.mkgip.mkg.
According to ICANN, the expansion will allow "organizations around the world the opportunity to market their brand, products, community or cause in new and innovative ways." However, because the new gTLDs can include any trademark or brand name, the expansion could potentially be a problem for businesses, trademark and brand owners. While ICANN will have a process in place for businesses, trademark, and brand owners to object to gTLDs, the burden has been placed on them, not the applicant or ICANN, to spot trademark infringement.
While registration of new gTLDs is still six months away, you should start to think about:
- 1. Whether your company needs to expand on the internet and if a custom gTLD is necessary.
- 2. Determine your budget for new gTLDs since the filing fee for each will be in the range of US $185,000.
- 3. Determine if your company has the proper computer systems in place to handle new gTLDs.
- 4. Decide if you are willing to take the risk of waiting to see how others in your industry react to the new gTLDs.
- 5. Adopt a company policy regarding policing and enforcing your trademarks or brands if they appear in new gTLDs.
ICANN will be accepting applications for the new gTLDs between January 12, 2012 and April 12, 2012. The Applicant Guidebook which includes the process for applying for new gTLDs can be found at http://www.icann.org/en/topics/new-gtlds/rfp-clean-30may11-en.pdf. For more information, please visit ICANN's website at www.icann.org or contact us at www.mkgip.com.
