What are the requirements?
Once it is decided which gTLD(s) and/or ccTLD(s) is appropriate, registration of a domain name may be carried out by applying to the appropriate registrar. Typically, this is done online and consists of providing the information that the registrar requires.
Registrants who wish to register in the .com, .org or .net domains or other gTLD domains must do so through a registrar who has been accredited by ICANN. Through its Registrar Accreditation Agreements, ICANN requires that registrars must enter into a written registration agreement with an applicant for a domain name which requires the applicant provide:
- accurate and reliable contact details and promptly correct and update them during the term of the registration;
- representation that, to the best of the applicant’s knowledge and belief, the registration of the domain name or the manner in which it is used will not infringe the legal rights of any third parties;
- acknowledgement that the willful provision of inaccurate or unreliable information, the willful failure to update information or the failure to respond to registrar inquiries by the registrant for over 15 days will be a material breach and a basis for cancellation of the registration; and
- acknowledgement that its registration is subject to a mandatory administrative dispute resolution policy, typically the UDRP.
Why do you need a registration policy?
If several brand names are involved, a registration policy should be developed. The policy should:
- balance the costs and benefits of obtaining a registration;
- help coordinate the activities of those responsible for branding and registration; and
- take into consideration the delegation of new gTLDs.
The policy should also provide direction concerning the following matters:
- what to register; brand names, slogans, variations, generic names, or to implement a “blocking strategy”;
- where to register and in which gTLDs and ccTLDs should registrations be obtained;
- when to register; before any public activity takes place; and
- facilitating the renewal process.
Under a “blocking” strategy, the brand owner purchases domain names that could be misused if they were in the wrong hands. For example, owning the brand name combined with the word “sucks” may make it more difficult to establish a criticism or gripe site. The implementation of such a strategy can be time consuming, expensive, and not completely effective given the large number of gTLDs and ccTLDs and many possible variations and misspellings.
If you have questions, please contact me at mckeown@gsnh.com.
Goldman Sloan Nash & Haber LLP
480 University Avenue, Suite 1600
Toronto, Ontario M5G 1V2
Direct Line: (416) 597-3371
Fax: (416) 597-3370
Email: mckeown@gsnh.com
These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.