From January 2012 to April 2012 it will be possible to apply for new top level domains. On 20 June 2011 the international organization ICANN decided to open up for the possibility to apply for new gTLDs (generic top level domains). This means that it will be possible to for instance apply for a company name, a town name or some generic name registered as a top level domain. It could for example be words as; Lego, Carlsberg, Tourist, beer, game etc.
Registration will not be for everyone as new gTLDs will cost approx. $ 185,000 and the annual fee will amount to approx. $ 25,000. If it turns out that there are several who are interested in the same name, it will be determined by an auction, who will become the owner of it. ICANN expects to get about 500 applications for the new gTLD and they expect that the new gTLDs will be a reality during 2012 and 2013.
ICANN's method of release has been much criticized because it suggests that the right goes to the person who is willing to pay the most for it. By comparison another procedure was used back in 2005 when the EU domain was released. Here it happened over a several month long process where individuals and businesses could apply for a domain and explain their attachment to it. ICANN is according to their statutes a nonprofit organization and it is currently unclear in which way the money that they will earn on the release will be spent.
Trademark owners should be aware to get their trademark protected in the best possible way, so that there is no risk that their trademark should suddenly be used as a gTLD. It is reported from ICANN that they will provide for different options available to protect trademarks including a so called "Trademark Clearinghouse" in which trademark holders can register their trademarks and potentially block the registration of new gTLDs. How the details are dealt with, and when this Trademark Clearinghouse is up and running is not yet known.
It can be expected that this new approach opens up a nightmare for businesses who want to protect their name on the Internet and it will be essential to keep track of how ICANN plans to protect trademark holders in this regard.
JUHL IP & Contract Consulting will provide regular information on new developments and how brand owners should behave towards 2012. For further information on the upcoming gTLDs or domain names in general contact JUHL IP & Contract Consulting at http://www.juhlconsulting.dk/
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