How old must a Trademark be to be submitted as a dotBrand type of application in the 2026 round of the ICANN new gTLD program?
While specific details for the 2026 round are still being finalized by ICANN, the general requirement based on previous rounds and the function of the Trademark Clearinghouse (TMCH) is that the trademark must be registered and in force at the time of submission.
Here's a breakdown of why and what that generally entails:
- Trademark Clearinghouse (TMCH): To apply for a dotBrand gTLD, the trademark intended for use in the TLD must be recorded in the TMCH. The TMCH is a database of validated trademarks. Its purpose is to help rights holders protect their trademarks during the launch of new gTLDs.
- Eligibility for TMCH: The TMCH generally accepts:
- Trademarks registered at a national or regional level.
- Marks protected by statute or treaty.
- Marks validated by a court decision.
- Trademarks Under Application: Trademarks that are currently under application are not accepted by the TMCH. This implies that the trademark needs to have completed the registration process to be eligible for inclusion in the TMCH and subsequently used in a dotBrand application.
- "In Force" Requirement: The trademark registration must be active and not subject to any invalidation, cancellation, or rectification proceedings.
Therefore, to be submitted as a dotBrand application in the 2026 round, the trademark must be fully registered and legally "in force" by the time of application. While there isn't a specific minimum age requirement (e.g., it must be registered for at least one year), the registration process itself can take time. Therefore, it is crucial to have the trademark registered well in advance of the application window, which is expected to open in April 2026.
In summary: The key criterion isn't the age of the trademark, but its registered and active status at the time of application and its successful recordation in the Trademark Clearinghouse.