ARTICLE
5 February 2013

Imminent Enforcement Deadlines In The New gTLD Program

SJ
Steptoe LLP

Contributor

In more than 100 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and professional staff across the US, Europe and Asia.
A thousand or more new generic top-level domains (gTLDs) may become open for registration on the Internet beginning as early as mid-2013.
United States Intellectual Property

As you may be aware, a thousand or more new generic top-level domains (gTLDs) may become open for registration on the Internet beginning as early as mid-2013.  With the availability of new gTLDs now an impending reality, all organizations should be giving careful consideration to how they will adapt their online enforcement strategies and otherwise prepare for the new landscape.

Overview

At this juncture, organizations may still have some opportunities to influence which new gTLDs are delegated (top-level enforcement), although the windows for these opportunities are rapidly closing.  In addition, as the number of spaces in which to register second-level domains will likely increase exponentially over the next few years, all organizations, whether or not they are otherwise participating in the new gTLD program, will need to determine how to expand their domain name portfolios with defensive registrations and how they will utilize other rights protection mechanisms (RPMs) to protect their brands.

Several relevant deadlines are rapidly approaching.  For example:

  • The Governmental Advisory Committee (GAC) has set an internal deadline of February 8, 2013 for its members to identify new gTLD applications meriting GAC Advice (top-level enforcement opportunity to advocate for national governments to express concerns regarding problematic new gTLDs).
  • The Trademark Clearinghouse is estimated to begin validating trademarks in February 2013 (second-level enforcement opportunity to provide some protection for brands within domain names registered in new gTLDs).
  • The New gTLD Objection Filing Period deadline is March 13, 2013(top-level enforcement opportunity to initiate a proceeding to block problematic new gTLDs, with appropriate standing required).
  • The first new gTLDs could go live as early as June 2013, thus requiring planning in the very near future for participation in sunrise periods and other second-level enforcement efforts.

Preparing to take action before any one of these deadlines will take a significant amount of time and planning, and thus, organizations will need to make decisions quickly if they are to take advantage of the corresponding opportunities to protect their brands. 

Please click here for a brief explanation of each of these opportunities

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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