New Top-Level Domain Program: ICANN Releases Draft Applicant Guidebook

The Internet Corporation for Assigned Names and Numbers (ICANN) has taken another step toward implementing a new top-level domain (TLD) program with the release of New gTLD Program: Draft Applicant Guidebook. As the title suggests, the guidebook is now in draft form and is subject to public comment through December 8. It provides significant details regarding the new TLD application process and evaluation and dispute resolution procedures.

According to the draft guidebook, "[a]ny established corporation, organization, or institution in good standing" from any country can apply for a new TLD. Applicants must apply as either an "open" or "community-based" TLD. An "open" TLD is open to any applicant that meets ICANN's criteria for registration. A "community-based" TLD must be a TLD "operated for the benefit of a defined community consisting of a restricted population." All applications will be reviewed by ICANN via technical, operational and financial evaluations at a proposed cost of $185,000.

The draft guidebook also outlines the dispute resolution process by which third parties may object to the registration of a new TLD. Of particular concern to trademark owners is the Legal Rights Objection, which allows for the objection to the registration of a new TLD based on the "existing legal rights of the objector." The dispute resolution procedure is similar to the Uniform Domain Name Dispute Resolution Policy in that disputes are handled by the World Intellectual Property Organization, disputes are usually resolved online, and the deadlines are such that disputes should be resolved in a timely manner.

It is important to note that ICANN has no mechanism by which to warn a trademark owner that an application for a new TLD matches the trademark owner's mark. The draft guidebook states that once the application period ends, "ICANN will post a list of applications considered complete and ready for evaluation." It will be important for trademark owners to check the ICANN Web site and watch for any potentially objectionable TLDs.