The document discusses ICANN's new gTLD program which will allow hundreds of new generic top-level domains (gTLDs) beyond the traditional .com, .net, and .org. This will create new opportunities for companies to control their own domain endings like .target or .golf. However, it also creates challenges for brand owners who will need to monitor their trademarks across many new gTLDs. The application process for new gTLDs will be open from January to April 2012. Successful applicants will pay annual fees to operate the domain and may face auctions if multiple applicants seek the same gTLD. The program includes trademark protections and a clearinghouse for brand owners. Companies are advised to

1. June 26, 20181
Domain Name Overload?
What Companies Need to Know About the Coming Influx of gTLDs
Kyle Peterson
September 12, 2011
Background
A New gTLD Program
New Opportunities
Application Process
Trademarks
Plan Ahead

2. TM
© 2011 Patterson Thuente Christensen Pedersen, P.A., some rights reserved - www.ptslaw.com
DISCLAIMER: This presentation and any information contained herein is intended for informational purposes only and should not be construed as legal
advice. Seek competent legal counsel for advice on any legal matter.
Domain Name Overload?
What Companies Need to Know About the Coming Influx of gTLDs
Kyle Peterson, Patterson Thuente IP
MNACCA 2012 Legal Sampler
September 12, 2011
TM

3. Background
On June 20, 2011 ICANN announced a new domain name system
ICANN: Internet Corporation for Assigned Names and Numbers
Nonprofit corporation that oversees the domain name system
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4. A New gTLD Program
gTLDs: Generic Top-Level Domains
Three or more letters that appear to the right of the last “dot” in a domain
name
.com, .net and .org are 3 of the 22 gTLDs commonly used today
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5. A New gTLD Program
Hundreds of new general top-level domains will become available on the
Internet
Instead of using a domain name such as COMPANY.COM or
TRADEMARK.COM, a business will be able to create and control its own
unique domain ending
Examples could include .travel, .target and .golf
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target.target delta.travel
pga.golf PattersonThuenteIP.patents

6. New Opportunities
Companies that successfully apply to operate a gTLD that corresponds to a
name or brand can control who is eligible to register second-level domains
within the new gTLD
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7. New Opportunities
Other gTLDs can be operated for the benefit of a specific community and
allow domain registrations by members of the community
Examples include: patents.aba, wills.aba, contracts.aba
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8. New gTLD Program is Expected to:
Encourage business models and create new opportunities for trademark
owners to connect with customers
Create challenges for brand owners who will need to monitor and enforce
their trademark rights with each new gTLD
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9. Application Process
ICANN plans to accept applications for new gTLDs from January 12, 2012 to
April 12, 2012
Applications require detailed information on applicant’s business and
proposed use of the gTLD and its financial, technical and operational ability
Applicant Guidebook http://www.icann.org/en/topics/new-gtld-program.htm
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10. Not an Inexpensive Proposition
Initial application fee = $185,000 per gTLD
Successful applicants must pay an annual fee of $25,000 and bear the costs
related to operating a “registry” – the master database of all domain names
registered in the gTLD
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11. Multiple Applicants
If there is more than one qualified applicant for the same or similar gTLD, an
auction will be held
The highest bidder’s application
will move forward
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12. Trademark Clearinghouse
Database and central repository for information on trademark rights
Nationally registered word marks protected by a statute or treaty are eligible
for inclusion in the database
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13. Trademark Protections
The new gTLD Program includes protection mechanisms for trademark
owners
Procedures for brand owners to protect their trademarks within new
gTLDs
Procedures for objecting to applications for gTLDs that are confusingly
similar to their trademarks
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14. Plan Ahead
Register and renew your trademarks—valid registrations are critical to the
dispute resolution process
Develop a strategy for defensive domain name registrations in the new
gTLDs
Register important marks in the Trademark Clearinghouse
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15. Thank You!
Kyle Peterson | 612.252.1554 | peterson@ptslaw.com
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