Author: Naresh Kilaru
Everyone knows gTLDs such as “.com” and “.net” are not registrable as trademarks, but what about “.nissan”? In view of ICANN’s impending rollout of hundreds of new gTLDs, the USPTO has recently revised its policy governing registration of gTLDs to provide that gTLDs may be registered as trademarks under certain circumstances.
Under the revised policy, gTLDs are registrable as trademarks provided that:
- the gTLD will be perceived as a source identifier;
- the applicant has a current registry agreement with ICANN; and
- the services provided are primarily for the benefit of someone other than the applicant.