As stated previously, the first phase for sending the application requests for the first level domain names ended last March. In June, the ICANN has published on the institutional website the over 2000 requests it received and many of these have chosen general words (.academy, .shop, etc.). Therefore a second phase for this procedure started (known as Pre- (TLD) Delegation Objection Procedure) where requests could be sent to, in order to oppose the new gTLDs registration. Particularly for the owners of previous trademarks an apt tool was reserved for opposing new domain registrations that match their own distinguishing sign, known as “Legal Right Objection”. The requirements for the procedure have been elaborated using those used for the “standard” reassignment procedures. The ICANN Guidebook for the Applicant states that the Panel will need to determine whether the use of the new gTLD will potentially grant the applicant the possibility to: (i) gain unduly advantage because of the distinguishing nature or the trademark/distinguishing sign’s fame of who files the objection; (ii) compromise the distinguishing nature or damage the trademark/distinguishing sign’s fame of the opponent; (iii) create an inadmissible risk that would confuse the NewgTLD and the distinguishing opponent’s trademark/sign.
It won’t be therefore possible to oppose the use of a general term as a first level domain name, because of the fact that this use might be harmful, although it will be necessary for the opponent to possess a trademark, registered or de facto.
The due date for filing this objection (prior to the registration of the New gTLD) will be January 13rd 2013. It will be possible to oppose also after the domain registration, but procedures, schedules and prices have not been clearly defined yet.