The rollout of the .XXX domain is scheduled to
start in September with a Sunrise Period lasting approximately 30
days. The Sunrise Period will give brand owners the opportunity to
exclude their trademarks as .XXX domain names.
Here are the basics.
What are .XXX domain names?
These are domain names that are intended to be used by parties
in the adult industry.
Why is the launch of the .XXX extension relevant to
brand owners OUTSIDE the adult industry?
Once .XXX domain name registrations begin,
nothing will prevent a party from attempting to buy domain names
consisting of the trademarks of others, even if those trademarks
have already been registered as domain names using existing
How can brand owners protect their
The rollout of the .XXX domain names will begin with a Sunrise
Period, where trademark owners may either exclude or reserve their
trademarks within the .XXX system. The Sunrise
Period will last about 30 days.
What type of evidence of rights does a brand owner need
Only registered trademarks may be relied upon. A trademark
application or common law trademark rights are not sufficient. As
well, the excluded domain name must be identical to the trademark
registration. A copy of the trademark registration will be
Does my mark need to be registered by a certain
You can rely on a trademark registration that was registered by
the Sunrise Period.
Can a licensee apply during the sunrise
Yes. Trademark licensees applying to block or reserve a given
domain name will also have to submit a form, executed by both the
applicant and the registered owner of the relevant trademark,
authorizing the applicant to proceed with the reservation
How much will it cost per domain name during the
The estimated cost will be US $200-300 per domain. This is a one
How long will a block on a domain name
Right now it's at least 10 years. However, this could
During the Sunrise Period, what if I apply to exclude
my mark and another party at the same time applies to get my mark
to use as a domain name?
The party applying to use the domain name will be advised of
your rights. However, ultimately it will have the option to
register and use the domain name.
If my company secures a .XXX domain name will it show
me as the owner?
This is undecided as of yet. However, ultimately brand owners
should be able to conceal their identities by way of a privacy
service at the Registrar level.
What happens to the trademarks I launch after the
Sunrise Period, or if I miss the Sunrise Period
After the Sunrise Period, there will be a 14 day quiet period
followed by a Landrush Period lasting approximately 14 days. After
this stage, the General Registration Phase will begin, which is
first come first serve. Both the Landrush Period and the General
Registration Phase will be reserved for members of the adult
Down the line, will the UDRP apply to .XXX domain
Yes. As well, a rapid takedown procedure is being contemplated
to pull sites down within 48 hours in obvious cases of abusive
What should we do next?
Determine which of your marks you want to protect and start
preparing for the September launch. No specific date in September,
however, has been assigned.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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