New top level domain names “.biz” and “.info”. Alternatives to the “.com”

Approximately two years ago, ICANN has been analyzing the manner of making territorial trademark rights compatible with global domain names use which are identical or similar to these trademarks. The main difficulty lays in the fact that while trademarks are limited to an area or specific area of a commercial activity, each top level domain name is indistinctly used for any such area or simultaneously for all areas. In addition, the most popular domain name, the “.com” has no territorial limitation, operating as a true global name. In view of this situation, the ICANN decided to create the following top level domain names: “.biz”, “.info”, “.name”, “.pro”, “.coop”, “.museum”, “.aero” and in a recent decision “.shop” and “.tel”.
“.Biz”: The “.biz” is aimed for commercial organizations and business activities. Registration has been divided in three different stages:
First stage - IP Claim Service - From May 21, 2001 until August 6, 2001 trademark owners or names which are in use, in any country, may effect a preventive application of the character string formed by their trademark or name. This application alerts domain names applicants (2nd stage), which coincide with the character string , of the existence of the IP claim, and enables them to oppose the domain name application. Also, during the registration stage (2nd Stage), IP claimants have a 30-day period within which to start legal actions against the domain name applicant.
Second stage - “.biz” Registration - Opportunity Window - From June 25, 2001 until September 17, 2001, the desired domain names may be applied for, and the reservation is made. Registrations are not yet granted. Once such term has expired (17-09-01), all the names applied for will be processed. Should more than one application exist for the same domain name, it shall not be granted on a first-come, first-served basis, but in a random basis, through a lottery system. All the existing oppositions against domain name applications will be notified.
Third stage - “.biz” Publication - As from October 1, 2001, all the domain names which have not received oppositions and having competed in the “opportunity window”, will be granted and published. Once this term has expired, all the available names will be granted on a first-come, first-served basis.
“.Info”: The top level domain name “.info” is expected to directly compete with the “.com”, since it is not restricted to commercial activities.
From July 25, 2001 until August 27, 2001, owners of trademark registration prior to October 2, 2000, of anycountry , may apply for domain names which correspond to their trademark. During August 2001, all the names which have been deposited by trademark owners will be granted. Should two identical domain names exist, the lottery system will be used, but instead of having one draw (as used for the “.biz”) various draws will be carried out. Therefore, it is convenient to attempt registration as soon as possible.
From August 28, 2001 until December 26, 2001, oppositions may be filed against trademark owners who have not met the requirements (i.e., non-registered trademarks being claimed or applications filed after October 2, 2000, or differences between the trademark and the domain name).
Finally, from September 12, 2001 until approximately September 30, 2001 domain names may be applied for by everyone under the lottery system. After this date the available names will be granted on a first-come, first-served basis.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.