Since the launch of .com over 25 years ago, companies have had a large number of web suffixes available to use and also, to monitor from an IP protection/enforcement perspective. There will soon be another important one to consider – the .xxx domain, which as its name suggests is intended for the adult entertainment industry.
For IP owners outside of the adult entertainment industry that wish to protect against registration of their “TradeMark.xxx”, it is possible to “opt-out”, during the “sunrise” pre-launch period, upon payment of the requisite fee to ICM Registry, the firm behind the new domain. It is anticipated that the “sunrise” period might start as early as September this year and last for approximately 30 days.
The “sunrise” period will be divided into two parts. In “sunrise A”, those with prior rights in the adult entertainment industry can apply for registration. Subsequently, during “sunrise B”, those outside of the adult entertainment industry can apply to reserve names. In order to do this, the Applicant must own a Trademark Registration in a country where they carry on substantial levels of commerce under the Trademark.
In the scenario where conflicting Applications are received in both “sunrise” periods, ICM will invite the “sunrise A” Applicant to withdraw their Application. If they do not, their registration will be granted and the “sunrise B” Applicant will have to look to block the registration via dispute resolution.
After the “sunrise” periods, a “landrush” period will ensue. During this time, applications can be made from parties within the adult entertainment industry but they will not be required to demonstrate prior rights. Thereafter, applications for registration will be accepted on a “first come first served” basis.
If you have any queries regarding this matter, please do not hesitate to contact our Trade mark department for further information.
