Attention Trademark Owners: New Top-Level Domain Opportunities Coming Soon

A significant new development in online naming practices will soon allow anyone to create a new top-level domain (TLD) similar to the TLDs .com, .net and .org. New TLDs can incorporate almost any word, including a company name or brand name such as .coke or .merrilllynch. They can also include a generic term relevant to a business, such as .hotels or .banking.

The Internet Corporation for Assigned Names and Numbers (ICANN)—the entity that distributes IP addresses, TLDs and domain names—is moving forward with plans to implement this new naming program. While no final decision has been made, ICANN is expected to begin accepting applications for new TLDs as early as the first or second quarter of 2009. New TLDs will likely be allocated largely on a first-come, first-served basis. Application fees are expected to be relatively high, with estimates of up to $100,000 or more. Details about the application process and fees are scheduled to be distributed in November for public comment.

As a trademark owner, now is the time to consider whether you are interested in offensively or defensively registering your marks or company name as TLDs. Now is also the time to consider whether you are interested in registering generic or descriptive terms related to your business, such as .hotels or .banking. It is anticipated that a TLD incorporating a company's name, brand or generic terms related to the business could benefit the company through new marketing, advertising, communications and security opportunities.

Although time is limited and the costs will likely be considerable, this application period may be the only chance for your company to take advantage of what may become the basis for a new commercial opportunity or a new marketing and advertising avenue. This may also be your best chance to prevent a third party from registering your trademark or company name as a top-level domain.