Registered trademarks and new xxx domains

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In this post we return to the birth of the new xxx domains extension that emerged in September 2011.

A new top level domain name registration is forthcoming, under the extension “xxx”, intended to identify online adult entertainment industry.

 

To prevent cybersquatting practices, a preventive phase has been defined with this new domain name for those registered trademark owners who are not part of that industry, in which they can preserve these domains for defensive purposes.

Cybersquatting is defined as the act of registering a domain name, knowing that another holds a previous right, trafficking in, or using a domain name with bad faith in order to find a profit usually from a well-known trademark owned by a third party. The cyber squatter then offers to sell said domain to the legitimate owner, which is the one who owns a trademark identical or similar to the conflictive domain name.

xxx domains: phases and periods of release.

The phases and periods of release of these new domains are the following:

1. Sunrise Period: intended for owners of trademark who want to protect their brand with an XXX domain registration. It will remain open from September 7 to October 28 (inclusive). This is divided into two parts:

Sunrise A: during this phase members of the adult content industry may register their xxx domains:

  • If they have a trademark matching the domain.
  • If they have the same domain in another extension (.es, .com, etc.) and active website with adult content.

Sunrise B: phase intended for those registered trademark holders who does not belong to the adult content industry and seeking to protect their brand under domain XXX.

No renewals shall be made in case of locked and inactive domain.

Sunrise B Conditions:

  • It is reserved for trademark holders in Spain, the European Union or internationally. The domain remains registered in defensive mode and therefore inactive (cannot be used).
  • The domain must match with the trademark (name registered and granted). If the trademark is made up by several words, it may be requested with hyphen “-“.

For example: the trademark Cola Cao can protect cola-cao.xxx and colacao.xxx.

The phase Sunrise A will have priority on Sunrise B.

2. Landrush Period: it will be open from 8 to November 25 and ONLY let register domains names to members of the adult content industry, without any additional requirement during this phase.

3. General availability Period: the Free Phase period for xxx domains opens on 6th December. The domain names will be assigned following the rule of “first to come, first to register”. During this period, anyone can register a domain “.XXX”.

To receive personalized information about the services offered by Protectia to this regard, please do not hesitate to contact us.

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