Do you know where your Trademark is? - New Proposed gTLD's
Posted by Jamila Hunte on Tue, Jun 23, 2009
In a recent article published by Reuters entitled "Most firms unaware of Web domain changes: survey", they reported that two-thirds of companies are unaware of the ICANN (Internet Corporation for Assigned names and Numbers) proposed new gTLDs (Generic Top Level Domains) that are slated to be opened up in Q1 of 2010. Many businesses are unaware that their trademarked name could be used as a domain extension similar to .com, .net, .org, etc. In this economic climate companies are very concerned with keeping an eye on the bottom line, but should also not forget to ensure that their biggest asset- the trademark- is protected.
With companies already utilizing the resources they have, however limited they might be, to protect themselves against phishing, cybersquatting, email scams and counterfeit fraud, these new gTLDs could present a challenge, or depending on who you speak to, it could also be an opportunity. For many companies out there running a registry is not the primary focus of their business; let's also not forget the data security and consumer protection issues that come as part of the package. This is can be an enormous financial burden when you also consider that it will cost $185, 000 just to apply for a new gTLD. Brand owners need to be aware of the progression of these new gTLDs as they come into existence because it is not a matter of if it will happen, but when it will happen.
In its attempt at transparency, ICANN has issued a Draft Application Guidebook (DAG) that details the process of applying for the new gTLDs. The second version of the DAG was related in February 2009 which attracted hundreds of comments from those who have an interest in the new gTLDs and also from brand owners who feel less than comfortable with the whole idea. The Implementation Recommendation Team (IRT) was formed in 2009 shortly after the release of version two of the DAG at the request of the trademark community to identify solutions to the potential risks to brand owners as a result of these new gTLDs.
The IRT is composed of 18 members and have released their draft report in response to the overarching issues and provided recommendations on some of these issues. While the IRT maintains an important function, it is also up to brand owners and others in the community to also engage in this process. There is an opportunity right now to review their report which will be an important part of the ICANN meeting in Sydney, Australia on June 21st 2009. Brand owners and those who have a vested interest in trademark issues have until June 29th to submit their comments to the IRT. I don't believe that it is expected that all the nitty gritty parts of their recommendations will be embraced by everyone, but it is important for ICANN to know that the general idea of their recommendations have support. The IRT maintains that they are not for or against the new gTLDs, but are there to look outside the box to ensure that the rights of brand owners can some how be protected. If brand owners hope for ICANN to take their proposal of rights protection mechanisms seriously they must become involved https://st.icann.org/new-gtld-overarching-issues/index.cgi?new_gtld_overarching_issues.
Griping after the fact will not help the situation, especially if you are not in favour of the new gTLDs. So become engaged in the process if you can, before it is too late.