The Internet Corporation for Assigned Names and Numbers has approved .tel as a new generic top level domain (gTLD) that will link consumers to a comprehensive online directory akin to an online White Pages, but with the information maintained by business owners themselves. A unique feature of the .tel gTLDs is that they will not be associated with Web pages consisting of html code, but instead will simply contain data provided by the domain name’s owner. Consumers, especially those using mobile devices, will benefit from the new .tel gTLDs because they will provide fast and easy access to up-to-date business directory information.

Owners of registered trademarks are being given the first opportunity to register .tel domain names reflecting their trademarks during a “sunrise period,” which runs from December 3, 2008 to February 2, 2009. After the sunrise period, the .tel registry will be open to the general public. To prevent abusive registration of .tel domain names by cybersquatters who potentially could publish false information about a company under the company’s own name, trademark owners should take advantage of the sunrise period and submit applications to an accredited registrar before the February 2 deadline. 

Applications will be considered on a first-come, first-served basis, and may take several months to process. Those applying during the sunrise period must provide a valid trademark registration for the mark associated with the requested .tel domain name, which must consist of, and be identical to, the complete word or phrase protected by trademark. Additionally, the application for the registered trademark must have been submitted to the relevant trademark authority before May 30, 2008 to be eligible for a corresponding .tel domain name.

The registration process contains some protections for trademark owners against abusive registration by cybersquatters. For example, applicants whose applications are rejected can file a reconsideration request within 10 days of the decision. Additionally, within 10 days following publication of an approved .tel domain name, third parties may request reconsideration on the grounds that the registrant is not the true owner of the mark on which the application is based or that the domain name does not meet the other requirements imposed on sunrise period applications. Accordingly, in addition to proactively applying for .tel domain names, trademark owners should also monitor the registry for third party registrations. 

For more information about the launch of the new .tel gTLD or the registration process, please contact:

Anthony V. Lupo
lupo.anthony@arentfox.com
202.857.6353

Halle B. Markus
markus.halle@arentfox.com
202.857.6113

Carolyn S. Martorana
martorana.carolyn@arentfox.com
202.857.6343