.TEL Domain Name Registration Begins December 3, 2008

November 12, 2008

Intellectual Property Alert - November 12, 2008

written by Joshua S. Jarvis

The opportunity to purchase new .tel top-level domains (TLDs) is just around the corner, and trademark owners will have the first bite at the apple. During the “sunrise period” of December 3, 2008 to February 2, 2009, trademark owners will get a head start preferential period to apply for and register .tel domain names incorporating their valuable trademarks. After this period, registration opens to the general public.

The new .tel TLD is intended to serve as a domain to host detailed contact information for companies and individuals, and will ultimately serve as a centralized, online directory. Unlike traditional TLDs, which are used in conjunction with outside hosts and web browsers to display rich, detailed web pages, the .tel TLD stores directory information directly in the domain name server and will be optimized for quick processing and retrieval of contact information, ideal for use with mobile devices, and will also offer convenient features such as “one-click” telephone calling directly from a company’s .tel domain.

As with all new TLDs, it is difficult to predict the popularity or utility of the .tel TLD. However, early .tel registration can provide cost-effective policing of your trademarks. While .tel TLDs will be subject to the Uniform Domain Name Dispute Resolution Policy (UDRP), which trademark owners can use to wrest domain names incorporating their valuable trademarks from unscrupulous competitors or cybersquatters, this process can be quite costly. Further, a UDRP proceeding does not guarantee transfer of the subject domain name, especially if another company has legitimate rights in the same trademark. Thus, prevention by early registration of your trademark-formative domain names could save your company significant future time and costs. Further, because registration of .tel domain names is handled on a first-come, first served basis, it is important to apply for your domain names early within the sunrise period itself. To this end, some registrars are providing an opportunity to be early in line to register.

Any company with a trademark registered prior to May 30, 2008 is eligible to apply for a .tel domain name incorporating that trademark during the sunrise period starting on December 3, 2008. The initial registration term for sunrise period .tel registration is three years. For more information, please visit www.telnic.org.

If you need assistance registering for this new domain name or have questions or concerns regarding any other trademark matter, please contact one of Foley Hoag’s trademark attorneys listed to the right, or the Foley Hoag attorney with whom you usually work.