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Print articlegTLD -To Register or Not to Register, that is the Question for the Trade Mark Owners
October, 2013 - Anna Feros
To the average internet user the few little letters at the end of the domain name they have just searched must seem rather trivial. Little do they know of the struggle of numerous corporations to obtain those little letters in an effort to try to stamp their individuality on the internet. Companies such as "donut.com" (who focus on registering as many as these generic top level domains or gTLDs as possible) insist that "the current Internet namespace, like .COM, is worn out and needs new and specific options". However, is it really worth bothering registering a trade mark as a gTLD?
Registration of a gTLD with ICANN (the Internet Corporation for the Assignment of Names and Numbers) does have its benefits, namely that owners are eligible to register domains in the so-called 'sunrise period' before the domains for each new TLD go on general release. Furthermore, if anyone tries to register an existing company's trade mark they will be notified of it already existing and if they continue to proceed with that registration, the original company will be informed of the infringement and domain name resolution service procedures may be undertaken.
This all sounds ideal but there are also drawbacks to this registration. Firstly, the application for ICANN's new gTLDs is nothing like registering for ordinary domain names as it is a very long, (the application guide is some 352 pages) and particularly expensive process which often ends in failure. The application alone costs US$185,000. Therefore, these gTLDs appear to be really only suitable for large companies and not individuals. This is an issue ICANN is very open about stating that having a gTLD "... involves a number of significant responsibilities as the operator of a new gTLD is running a piece of visible Internet infrastructure". Also when the application has been made public and a genuine objection is made by a third party, the whole process can be delayed up to seven months. Add to this that the main purpose of these generic top level domains is that they are supposed to be remembered easily but most people may not even notice them. When searching , many people may continue to search using specific word by typing it into a search engine or their browser address bar rather than searching using a top level domain.
Therefore, is it really worth obtaining a gTLD for something that may not have that much significance in practice? Google certainly think so with 101 gTLD applications already made through the company's Charleston Road Registry domain name subsidiary. The CEO of ICANN, Rod Beckstorm, has argued that "the internet has changed forever" and that there is now a "solid foundation of greater choice and competition". It is true that the internet has certainly changed but for the better or the worse? Major concerns have been raised that an unlimited number of new generic top level domain names into the domain name system may lead to a rather sharp and unpleasant increase in monitoring and registration costs for brand owners. Only time will tell how significant the role of these gTLDs will be but could this be an "internet gold rush" which may leave many businesses disappointed?
Registration of a gTLD with ICANN (the Internet Corporation for the Assignment of Names and Numbers) does have its benefits, namely that owners are eligible to register domains in the so-called 'sunrise period' before the domains for each new TLD go on general release. Furthermore, if anyone tries to register an existing company's trade mark they will be notified of it already existing and if they continue to proceed with that registration, the original company will be informed of the infringement and domain name resolution service procedures may be undertaken.
This all sounds ideal but there are also drawbacks to this registration. Firstly, the application for ICANN's new gTLDs is nothing like registering for ordinary domain names as it is a very long, (the application guide is some 352 pages) and particularly expensive process which often ends in failure. The application alone costs US$185,000. Therefore, these gTLDs appear to be really only suitable for large companies and not individuals. This is an issue ICANN is very open about stating that having a gTLD "... involves a number of significant responsibilities as the operator of a new gTLD is running a piece of visible Internet infrastructure". Also when the application has been made public and a genuine objection is made by a third party, the whole process can be delayed up to seven months. Add to this that the main purpose of these generic top level domains is that they are supposed to be remembered easily but most people may not even notice them. When searching , many people may continue to search using specific word by typing it into a search engine or their browser address bar rather than searching using a top level domain.
Therefore, is it really worth obtaining a gTLD for something that may not have that much significance in practice? Google certainly think so with 101 gTLD applications already made through the company's Charleston Road Registry domain name subsidiary. The CEO of ICANN, Rod Beckstorm, has argued that "the internet has changed forever" and that there is now a "solid foundation of greater choice and competition". It is true that the internet has certainly changed but for the better or the worse? Major concerns have been raised that an unlimited number of new generic top level domain names into the domain name system may lead to a rather sharp and unpleasant increase in monitoring and registration costs for brand owners. Only time will tell how significant the role of these gTLDs will be but could this be an "internet gold rush" which may leave many businesses disappointed?
