In a study focusing on new gTLDs, the International Trademark Association (INTA) sought to survey 1,096 of its members with a comprehensive questionnaire. There were only 33 respondents, in part due to the survey’s complexity, however, there were a number of key takeaways which were:

• When the new gTLD program was announced, choice was given as one of the prime reasons, but most larger brand owners are defensively registering domain names in new gTLDs to prevent infringement. The study found most do not intend to use some of the more problematic gTLDs (such as . sucks or . feedback) other than to prevent unauthorised third-party use. Additionally, most brands simply park new gTLDs after purchase meaning they are unused.
• While Sunrise periods are making it easier for brands to protect their domains, most domain names registered during Sunrise periods are also parked. The vast number of new gTLDs is making it difficult for brands to implement any meaningful strategy, particularly as the study notes because brands are often forced to pay inflated “premium” prices to purchase a new gTLD during Sunrise periods.
• Many registrations in new gTLDs, as with all TLDs, are infringing on trademarks. While Sunrise periods have helped to reduce the risks, 75% of the infringing registrants encountered were utilising a privacy or proxy service which creates significant costs for brand owners.
• The study concluded that while choice was given as one of the main reasons for new gTLDs, for major brand owners at least the primary impact has been to drive up the cost and challenge of enforcing trademark rights in the domain name system.

The full report is available to INTA members from their website.

Some registries with multiple new gTLDs such as Donuts and MMX offer services that “block” trademarks from being registered by cybersquatters across the 260-plus gTLDs they operate. For those who want to get serious about protecting their client’s mark, INTA suggests utilising one of these registry blocking services is a must.
 
Each registry operator offers a different means and differing levels of protection. For more information and assistance on protecting your brand in any of the top level domains, whether they are the new gTLDs, legacy gTLDs or country code top level domains, Lexsynergy is here to help. Contact us for a free strategy session at [email protected].