Friday, June 29, 2012

Is Your Brand And Trademark Violated By New GTLDs?

The wait for the list of applicants for new generic top level domains (new GTLDs) has finally been over. ICANN has now published the list of applicants of new GTLDs at its websites. However, this is the first stage of the entire procedure. The legal issues of new GTLDs applications and registrations would now arise.

The new GTLDs applicants were required to ensure due diligence before applying. If they have failed to do so, their initial investment can be jeopardised. Now the brand owners and trademark holders can analyse the list issued by ICANN and see whether their rights and interests are endangered by the application made by any applicant.

The period for raising legal right objections for new gTLDs began on June 13, 2012 and it would remain open for approximately seven months (i.e., until January 2013).

After the objection filing period closes, all objections received will move through the dispute resolution process. Such dispute resolution process may take approximately five months. In exceptional circumstances, this period may extend beyond five months. 

Perry4Law suggests that the stakeholders must analyse the pros and cons of this situation so that their rights and interests are adequately and timely safeguarded.