Q: How does the introduction of gTLDs effect my clients?

A: Internet Corporation for Assigned Names and Numbers (ICANN) has recently approved allotment of new generic top level domain names (new gTLDs). With this brand and trademark owners can now register their brands and trademarks as the gTLDs.
 
Q: What is my role as a corporate counsel or patent or trademark attorney?
A: The main goal of the legal representative is to manage the process in a stable and profitable manner, while investigating the various business aspects including economic and business parameters, launching and managing a top level domain.
 
Q: How does registry.net fit into the equation?

A: Registry.net works directly with you, your client and any IT personnel involved in the gTLD application/registration process. As part of the team, registry.net handles the back end of the registration process and connects the technical, operational and registration pieces together.  
 
Q: What services does registry.net provide?
A: As an accredited registrar, registry.net offers a full range of services including:
•    Registrar  support
•    Registrar liaison
•    Operations support
•    Domain-Owner Support
•    Website registry services
Registry.net works directly with your client to help determine which services will be required to successfully complete the process.
 
Q: What benefits does registry.net provide to my clients?

A: Because registry.net is affiliated with InterNetWire, a long time successful domain management and registration firm accustomed to handling lengthy or complicated registration situations. Registry.net has developed and excellent reputation with strong and trusted partnerships within the domain management industry. Because of our good standing, we have  acquired the knowledge to navigate the registration process and detect potential problems within the process before they become critical.
 
Q: Is applying for a new gTLD the same as buying a domain name?

A: No. Organizations and individuals , globally, can register second-level and, in some cases, third-level domain names. They simply need to find an accredited registrar like registry.net, comply with the registrant terms and conditions,  pay registration and renewal fees. The application for a new gTLD is a much more complex process. Applicants for new gTLDs will need to meet operational and technical criteria in order to preserve Internet security and stability.
 
 
Q: Is the upcoming application process going to be the same as for the previous new gTLD rounds in 2000 and 2003-4?

A: The application process will not be the same. The GNSO recommendations are intended to create a standing policy to guide the opening of a gTLD application round as well as the continuing procedures. Although this new implementation may share some similarities to the previous rounds, they are not identical.
 
Q: How will the rights of trademark holders be protected in the process?

A: First, an objection-based process will enable rights holders to demonstrate that a proposed gTLD would infringe their legal rights. In the event that the legal rights objection is successful the application will not proceed.

Second, applicants for new gTLDs will be required to describe in their applications the rights protection mechanism, which must meet certain minimum standards as described in the Applicant Guidebook, they propose for second-level registrations.

Third, all new gTLDs must ensure that second-level registrations are subject to ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), a process that has worked well to protect rights for many years.

Finally, ICANN has been working closely with the trademark community to find additional solutions to potential issues for trademark holders in implementing new gTLDs. Currently those additional solutions include a trademark clearinghouse, the uniform rapid suspension system (URS), and a trademark post delegation dispute resolution procedure (PDDRP).

The Trademark Clearinghouse will provide a centralized location for storage and authentication of trademark information. This data is used to support services enabling protection of relevant names in various registries. The URS is being added as a complement to the UDRP and provides a faster and less expensive process for resolving clear-cut cases of infringement. And the PDDRP will be available under which a rights holder may bring a complaint if they believe a registry is actively engaging in infringing behavior.

Q: Is there a Sunrise Period for my Trademark clients to apply?

A: No, all applicants must apply within the same time period of 12 January 2012 until 12 April 2012.
 
Q: Who will manage the Dispute Resolution Procedures?

A: The International Chamber of Commerce (ICC) will administer disputes brought pursuant to Limited Public Interest Objections and Community Objections. The ICC is a world-renowned dispute resolution provider based in Paris, France.

The Arbitration and Mediation Center of the World Intellectual Property Organization has agreed in principle to administer disputes brought pursuant to Legal Rights Objections. The WIPO Arbitration and Mediation Center, based in Geneva, Switzerland, was established in 1994 to offer Alternative Dispute Resolution (ADR) options for the resolution of international commercial disputes between private parties.

Finally, the International Centre for Dispute Resolution (ICDR) has agreed in principle to administer disputes relating to String Confusion Objections. The ICDR, based in New York, NY, United States, has many cooperative agreements with arbitral institutions around the world for facilitating the administration of its international cases.

Q: How can I object to an application?

A: After the list of all TLD applications is published on ICANN’s website, there will be a period of time for third-parties to object using a pre-established Dispute Resolution Procedures (DRP). Some of the details about the DRP are still under development. All objections will be managed by Dispute Resolution Service Providers, specialized organizations that are not part of ICANN. As of now, the following are grounds for objection:
• String Confusion Objections
• Legal Rights Objections
• Morality and Public Order
• Community Objections

Q: Where can I find the latest draft of the ICANN Guidebook?

A: The ICANN Guidebook can be located here