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A B C D E F G H I J K L M N O P R S T V W Y

New top level domain names are dawning – A guide to protecting trade marks in their ‘sunrise period’

New top level domain names are dawning – A guide to protecting trade marks in their ‘sunrise period’

Thursday 13th March 2014

New top level domain names are now becoming available including: .solutions, .computer, .support, .training, .systems, .company and .international. Trade mark owners should consider recording their rights and/or buying corresponding domain names in the light of the new system.

The Internet Corporation for Assigned Names and Numbers (ICANN), (a private, not-for-profit Corporation responsible for managing the domain name system for the benefit of the Internet as a whole) have begun the process of releasing new top level domain names (TLD) on a rolling basis. 

This means that potentially another 1000 new TLDs will be available every year. A number of batches are currently open including TLDs such as: .solutions, .computer, .support, .training, .systems, .company and .international.

ICANN has set out provisions to minimise the potential for trade mark infringement through third parties registering domain names containing marks that they do not own. Trade mark owners can record their trade mark rights information with the Trade Mark Clearing House (TMCH) – a central repository of rights information. This can be done directly through a domain service provider or other authorized agent. The information will be independently validated by a third-party “validation provider,” currently Deloitte, before it is accepted into the TMCH.

All new gTLDs registries must interface with the TMCH. They must also implement a basic minimum set of two Rights Protection Mechanisms (RPMs):

  1. A ‘Sunrise Period’

This is a period of time (min. 30 days) after the launch of a domain during which only the owners of a trade mark (provided they have recorded it with the TMCH) may register a domain name containing their mark.

  1. A ‘Trade Mark Claims Service’

If a third party wishes to apply for a domain name that identically matches a record in the TMCH the trade mark owner will be notified. They can then consider using various enforcement measures. This service will be offered for a minimum of 90 days following the Sunrise Period. Prospective registrants will also be alerted so that “unintentional infringers” will be potentially deterred.

Trade mark owners will be allowed to add up to 50 domain names per Clearing House record (to include for example common misspellings), so that they may include marks that have been previously abusively registered or used. In this way, owners will receive notifications when similar or abusive marks are being registered in new gTLD. It should be noted that not all trademark-related typos, misspellings or plurals will trigger claims notices therefore relying solely on the Trademark Claims Service is not advisable.

Trade mark owners should now consider recording their trade mark information with the TMCH and consider applying for new domain names.

You can keep track of the new TLDs that are released into their Sunrise Period and the relevant dates here: http://newgtlds.icann.org/en/program-status/sunrise-claims-periods

A number of TLDs are already past their Sunrise Period and are now generally available. These include: .technology, .directory and .construction.

For more information on what marks may be included in the Trade Mark Clearing House, or on the new gTLD system, please contact a member of the IP Team.

Top-Level Domain Names that are currently in their Sunrise Period (as of 03 March 2014), can be viewed by following this link: http://newgtlds.icann.org/en/program-status/sunrise-claims-periods


Top-Level Domain Names that are now generally available (as of 03 March 2014), can be viewed by following this link: http://www.calzone.org/index.shtml

TLD

Sunrise Open

Sunrise Close

 

Generally available

.center

07 January 2014

08 March 2014

 

.bike

.company

31 December 2013

08 March 2014

 

.clothing

.academy

07 January 2014

08 March 2014

 

.guru

.computer

07 January 2014

08 March 2014

 

.holdings

.systems

07 January 2014

08 March 2014

 

.plumbing

.management

07 January 2014

08 March 2014

 

.singles

.CEO

10 February 2014

12 March 2014

 

.ventures

.solutions

14 January 2014

15 March 2014

 

.camera

.builders

14 January 2014

15 March 2014

 

.equipment

.support

14 January 2014

15 March 2014

 

.estate

.training

14 January 2014

15 March 2014

 

.gallery

.email

14 January 2014

15 March 2014

 

.graphics

.onl

14 January 2014

15 March 2014

 

.lighting

.berlin

14 February 2014

16 March 2014

 

.photography

.KIWI

16 January 2014

17 March 2014

 

.construction

.buzz

15 January 2014

18 March 2014

 

.contractors

.camp

21 January 2014

22 March 2014

 

.directory

.glass

21 January 2014

22 March 2014

 

.kitchen

.education

21 January 2014

22 March 2014

 

.land

.institute

21 January 2014

22 March 2014

 

.menu

.repair

21 January 2014

22 March 2014

 

.technology

.guitars

27 January 2014

28 March 2014

 

.today

.link

27 January 2014

28 March 2014

 

.diamonds

.gift

27 January 2014

28 March 2014

 

.enterprises

.pics

27 January 2014

28 March 2014

 

.tips

.build

27 January 2014

28 March 2014

 

.voyage

.solar

28 January 2014

29 March 2014

 

.careers

.florist

28 January 2014

29 March 2014

 

.photos

.house

28 January 2014

29 March 2014

 

.recipes

.international

28 January 2014

29 March 2014

 

.shoes

.coffee

28 January 2014

29 March 2014

 

.sexy

.club

28 January 2014

29 March 2014

 

.tattoo

.photo

28 January 2014

29 March 2014

 

.cab

.marketing

04 February 2014

05 April 2014

 

.domains

.holiday

04 February 2014

05 April 2014

 

.limo

.luxury

05 February 2014

06 April 2014

 

 

.dance

05 February 2014

07 April 2014

 

 

.democrat

05 February 2014

07 April 2014

 

 

.rich

06 February 2014

07 April 2014

 

 

If you would like more information on top level domain names or how we can help you with any requirements you may have please do not hesitate to contact either: Hayley Hall on 0151 600 3466 or by email hayley.hall@brabners.com, or Colin Bell on 0151 600 3281 or by email colin.bell@brabners.com.

You can follow the Brabners Commercial/IP Team on Twitter: @BrabnersIPCom