Everything You Wanted to Know—ICANN’s New gTLD Program and Applying for a Dot Brand TLD

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Christy: Hello, everyone, and welcome to today's webinar, "Everything You Wanted to Know — ICANN's New gTLD Program and Applying for a Dot Brand TLD." My name is Christy DeMaio Ziegler, and I will be your moderator.

Joining us today is Gretchen Olive. Gretchen is the Vice President of Policy for CSC. For over two decades, Gretchen has helped Global 2000 companies devise global domain names, trademark, and online brand protection strategies and is a leading authority on ICANN and ICANN's New gTLD Program. And with that, let's welcome Gretchen.

Gretchen: Thank you, Christy, and thank you, everybody, for joining us today. I think we have a great session in store for you. Before we get started, let me just kind of set the stage a little bit.

So many of you already know that in 2012 ICANN ran the first round of the New gTLD Program. And when they did, they received over 1,900 applications, 1,930 in fact, with 1,409 unique strings. About 33% of those were dot brand TLDs. And you can see a breakout there on the screen of how they broke out by industry. While there are still some new gTLDs from Round 1, both open and dot brands, that are still working towards launch, what's been going on over the last 10 years is really a round of assessments and studies and policy development to really make some changes to the program to enable it to run a little bit more smoothly, to create additional transparency and predictability.

Now today, we're really lucky to have with us Aysegul Tekce, from ICANN. She's been with ICANN since May of 2014. She's a Global Domains accounts senior manager, and she's responsible for the relationships with gTLD registry operators and registries located in Europe. So welcome, Aysegul. Really glad to have you here today.

Aysegul: Thank you so much, Gretchen.

Gretchen: All righty. So we're going to do a round of Q&A here. I thought that there are so many questions that we received as part of the registration process, as well as just questions I get on a day-to-day basis from clients, that we thought it'd be really helpful to kind of sit down with you, go through some of these questions, and kind of tick them off people's lists so they know that they have the answers.

So we're going to start with a real easy one, I think. So why does ICANN think that it's important to open up a second round application?

Aysegul: So it is actually the ICANN community who asked ICANN to open additional rounds. That's the simple answer for that one.

Gretchen: Okay, great. So there's demand. Basically what you're saying is that there's an interest in new TLDs out there, and it has been quite some time. Like I said, 2012 was when we had the first round. So that's going to be 13, well, 14 years by the time we open the second round. So I think there's been some time that has elapsed for sure.

All righty. So let's kind of dive into some of the kind of application rules. So when does ICANN expect the application window to open, and how long will that window be open?

Aysegul: So currently, the plan is to open the next round for application in April of 2026, and the application window is planned to be open for 12 to 15 weeks, I think, which is kind of 3 months and a little bit more than that, so similar to the last round. So that's the plan at this moment.

Gretchen: Okay, great. A lot of times I get questions around like, "Well, how do I know if I can apply as a dot brand? Where do I find all the rules and the eligibility criteria?" Do you want to talk a little bit about that?

Aysegul: Sure. Currently, we have a Next Round, New gTLD Program website. So the potential applicants can follow that website, where we will be publishing the Applicant Guidebook. And in addition to the Applicant Guidebook, we have the Registry Backend Provider Evaluation Program and Applicant Support Program published on that page as well.

But the rules and the requirements of the next round will actually be published as part of the Applicant Guidebook. It's a very extensive document, which mentions the rules and requirements for the next round, which similarly we published one back in the 2012 round. And this Applicant Guidebook, so far we only published four public comments for a portion of the Applicant Guidebook. So we haven't published it as a full document yet. And the plan is to publish this Applicant Guidebook for the next round, to publish it as a whole document in May of this year, which is next month, maybe towards the end of May. So this document will have all the information about how the potential applicants can apply for the program. All the rules around this next round will be in that Applicant Guidebook.

And also, another thing to note is that the ICANN community is also working on the Next Round Base Registry Agreement. So we have a current Registry Agreement in place, but there will be some changes in that agreement as well. So the potential applicants, once we publish the Applicant Guidebook, also around a similar time or maybe just after that, we will be publishing this Next Round Base Registry Agreement as well.

So the potential applicants, I think they should be looking at both of these documents to understand how the requirements and obligations will be on their side.

Gretchen: Yes, the Applicant Guidebook, I call it the playbook. It really does spell everything out, everything from eligibility to how to apply and then what happens afterwards if you are awarded a TLD. So I think that is something we are anxious to see in full scope next month. I will tell our clients here that we'll be doing kind of breakdowns of that to give folks some details because it will be quite a lengthy document. I think I've heard something in the neighborhood of 300 pages. So we'll break that down for everybody, and hopefully that will be helpful.

All righty. So . . .

Aysegul: Gretchen?

Gretchen: Yes.

Aysegul: Maybe also, just to add to that, once we publish the Applicant Guidebook next month, it will be published for public comment. So it's not the final version of the Applicant Guidebook. One thing to remember because we have this public comment process, which involves receiving public comments, analyzing those comments, and then sharing the Applicant Guidebook with the ICANN Board. And then the ICANN Board needs to approve it. And then the plan is to publish the final version Applicant Guidebook by end of this year. So from May to the end of the year, the potential applicants will have a lot of time to go into the documents, which might evolve towards the end of the year. Just to remember that.

Gretchen: No. Great, great point. Yes, next month will be the first time we kind of see it in total, but there is still some room for tweaking, if you will. And certainly, we'll be looking forward to the final Guidebook by the end of the year. But yeah, understand that there's a public comment process, and we would certainly encourage any client, who after they kind of see the Guidebook, to submit any public comments that they would like to. So I'm glad you raised that.

So if a company decides that they want to apply, they're not going to send in a paper application, right? How are they going to apply for a new gTLD? What's the mechanism?

Aysegul: So I think we'll be building a new system, like an application system. I don't know the exact name of it. I think we haven't named it yet. So there will be a portal where potential applicants will be able to create accounts, and then they will be submitting their applications.

Just for the existing registry operators, just to make it clear, it will be different than the Naming Services portal that they are using. So it will be a different portal where they will submit their applications.

Gretchen: Got it, got it. So regardless if you have a dot brand today and want to apply for additional, or if you're just a first-time applicant, there'll be a new online system by which you'll be able to apply. And that makes a lot of sense. So we'll be waiting for more information around that, and certainly in the services that we'll provide, we'll help submit those applications for our customers.

So in Round 2, what categories of TLDs can be applied for? Can you kind of briefly describe those and kind of how dot brands might be different?

Aysegul: Sure. So as I said before, so far we have published four different public comments for the portion of the Applicant Guidebook. So one of the public comments actually mentioned about these potential categories for the next round. And as far as I could see, there is community gTLDs, geographic TLDs, dot brand TLDs, and variants of existing TLDs, and government and IGO, and IDNs, of course. So these were the categories which were proposed to be launched for the application phase.

Gretchen: Okay. So for people . . .

Aysegul: And the second part of your question . . .

Gretchen: Sorry, go ahead.

Aysegul: Sorry. Please go ahead, and I will talk to the second part of your question.

Gretchen: Sure. I just wanted to mention because acronyms are something we all get used to in the ICANN world, but I just want to say that IDNs are Internationalized Domain Names. So those are domain names in scripts other than the Latin characters or ASCII. So just want to make sure that that was clear as to what you meant by IDNs. But please, tell us about how dot brands kind of distinguish themselves.

Aysegul: So dot brands are different than the rest of these categories because when you have a dot brand TLD, all the domain names under the dot brand TLD are registered and can be registered only by the registry operator itself and/or its affiliates. So from my perspective, I see this as a playground of the registry operator. So that realm is yours, and then you can do whatever you want for the domain names that you will be using.

So for having a dot brand TLD, having your own TLD and putting the rules around it by yourself, like whatever website you want to launch, however you want to use, it is all totally up to you how to use it, and no third party will be registering any names under your TLD. So it is your playground. You can do whatever you want with that one. That's special in that sense.

Gretchen: Yep, your little own slice of the internet, right?

Aysegul: Yes.

Gretchen: So that's certainly something that's very attractive and something that many of our existing dot brand clients really take advantage of.

So will applicants be able to apply for a string that consists of numbers? And then what's also the character limit on the string that can be applied for?

Aysegul: So I think to have a clear answer for this we need to see the Applicant Guidebook published next month because I really don't know the answer to this question. But just based on the previous round, what I can tell is I think, again, the minimum character will be three because if it is two, it will be conflicting and confusing with the country code top-level domains, ccTLDs. So I will assume it will be again minimum of three characters. And the maximum was 63 in the last round, so I assume, again, it will be the similar one.

And when it comes to applying for numbers, I will again tell this from the last round. So applying for numbers was not available in the 2012 round. So any TLD should consist of letters from A to Z. So it cannot include a number. The only way having a number in the top-level domain was available through having Internationalized Domain Names, IDNs, because as you said, Gretchen, IDNs, they have a U-label, which is representation of that string, certain script, for example, Arabic, Chinese, Cyrillic, or different alphabets. And then, actually their representation in the DNS is an A-label version, which consists of like the ASCII characters, letters from A to Z. And those A-labels, they might have numbers in it. So in the DNS, you will see a representation of an IDN as XN dash dash, number, letter, number, letter, or something like that. So the only way having a number was possible only applying through an IDN, at that time.

Gretchen: Yep. It's good clarification there because that is something that might confuse folks.

So I'll ask the question that everybody asks me. So what's the cost of an application for the second round?

Aysegul: So for the next round, the application fee is proposed to be $227,000 USD for all applicants.

Gretchen: Okay. And is there a discount if you apply for more than one TLD? Do you get like a bulk discount?

Aysegul: As far as I know, no. So if you're an existing registry operator, or if you will be applying for multiple applications, each application is treated uniquely. So each application will have their own fee. So there will be no discount.

Gretchen: Okay. So just to clarify for our listeners is that this is just the fee that ICANN has to apply for the application. There may be some additional fees, and I think we're waiting to hear about that in the publication of the Applicant Guidebook. But also there are obviously fees outside of what is paid to ICANN for application. So to prepare for an application, to submit an application, there are fees along with that. So the fee that Aysegul shared is really just for the application fee to ICANN, just to be clear about that.

All righty. Do application costs differ? Kind of do they differ based on the type of TLD that you're applying for? Or is it the same for everybody?

Aysegul: So the application fee, this $227,000 USD is the same for everyone. But there might be additional costs during the application phase based on like, for example, the type of the TLD, such as there will be a Brand Eligibility Evaluation fee for example. I'm saying this based on the public comments we posted so far for the Applicant Guidebook. So there will be some additional cost, like the Brand Eligibility Evaluation, or Code of Conduct Exemption Evaluation, or maybe re-evaluation as a result of application change requests, for example. So there might be additional fees involved apart from the standard application fee.

Gretchen: Okay, great. So all right, once the application window closes, how long is it estimated that it will take for ICANN to kind of publish the list? That's something folks are really anxious to see the list of TLDs that are being applied for. How long will that take?

Aysegul: So I think this is a question it really depends on the amount of applications ICANN will receive, because at this moment, we don't know. It might be hundreds. It might be thousands. So it will really depend on the amount of the applications we will receive.

Gretchen: And when you publish the TLDs, you'll also publish who applied for them as well. So people can see what the TLD is and who the applicant is, so that they can make some assessments from there.

Aysegul: Correct.

Gretchen: Okay. So is it possible to withdraw an application? Like after you see that list, is it possible to withdraw an application and get a refund?

Aysegul: Yes. I mean, the thing is, again, I haven't seen the full version of the Applicant Guidebook, and we haven't published it yet. But just from the last round, what I remember is that, yes, the applicant will be able to withdraw their application. So till the Registry Agreement is signed, I think there will be some options for the applicant to withdraw their application.

And when it comes to a refund, it works both ways. So an applicant might withdraw and get a refund, or ICANN, when the program decides that that applicant cannot move forward with the program, so kind of rejects the application. So refund is available for both scenarios.

But the thing is, as far as I remember, a full refund is not possible. And as I've seen in the public comment published, there will be some refund windows. So the percentage of the refund you will receive will be determined by at which stage you are in your application. So, for example, if you're at the early stages, probably the percentage will be higher. If you're at the middle stages, it will be a little less. And if you are towards like close to signing of the agreement, probably the refund percentage will be lower.

So once we publish the Applicant Guidebook, I think those percentages will be published as well. So you can check that one.

Gretchen: Yeah, that's very similar to the first round. There were some points in time where you could get a pro-rata refund in certain circumstances. So we'll watch closely for those kind of details in the publication of the Applicant Guidebook next month. But I think helpful for people.

So what happens if more than one applicant applies for the same string?

Aysegul: So again, we need to see the Applicant Guidebook for the rules around it. But what I remember from the last round is that this scenario is a string contention. It requires a string contention mechanism. It is when the two entities apply for the same string, they go through this string contention mechanism. And I think the applicants always have the opportunity to mutually agree on something and then come up with a solution. So that's what I can remember from the last round.

And also, for example, if one party moves forward and then the other, there will be also an objection mechanism for the other party who cannot move forward with this one. So there will be objection mechanism as well.

Gretchen: Now I do recall seeing that, in Round 2, private auctions are not going to be allowed, that that's something that's being prohibited in this round. So I guess we'll get more details on that in the next Applicant Guidebook.

Aysegul: Right.

Gretchen: But I think that's something that I did see. And so one of the questions we get a lot is it's sort of related to this, but a little bit adjacent is, so if there are two applicants and one's a trademark holder and one's not, so what happens in that scenario.

Aysegul: So if you're asking if the one who is applying doesn't have the trademark and they want to run it as a brand TLD?

Gretchen: Mm-hmm.

Aysegul: Okay. So yeah, one of the prerequisites of having a brand TLD is, first of all, registering your trademark. And then, that trademark needs to be having a valid SMD file in the Trademark Clearinghouse as well. So first of all, the trademark needs to be registered, and then it needs to be issued a signed mark data, SMD file in the Trademark Clearinghouse. So in this scenario, if somebody does not own the trademark, they cannot operate that TLD as a brand TLD.

Gretchen: So they would likely not qualify is basically what would happen because they wouldn't have the requisite trademark kind of filing and SMD file from the Trademark Clearinghouse. So okay, great.

Let's go kind of dive into some IDN questions. So if an applicant applies for a TLD string in English and another applicant applies for the same TLD string but in a different language as an IDN string, can both the strings be awarded, or is it if they both meet the evaluation criteria? So can someone have kind of the word, the string in English and then the string in Arabic?

Aysegul: So yes, each applied for gTLD string requires its own application. So because a word in English, for example, I think one of the existing TLDs we have is .lawyer, and then we have the Spanish version of .lawyer, which is .abogado, as far as I know. So they represent the same word, but they're in different languages, right? So they are treated as two different applications. And the same for IDN. If you apply for an English word and then if there is an IDN representation of it in Arabic language or Chinese and Cyrillic, it needs to be treated as a different application for sure.

Gretchen: So treated as separate applications. As long as they meet the evaluation criteria, they would continue forward through the process.

Aysegul: Correct.

Gretchen: All righty. So can a company apply for a generic word TLD string that's not trademarked and operated as a dot brand?

Aysegul: I think I will give a similar answer to this one. One of the conditions of having a brand TLD is that you have to have the registered trademark of it, and then that trademark needs to be issued an SMD file in the Trademark Clearinghouse. So if a generic word doesn't have a trademark, they cannot operate as a brand TLD.

Gretchen: Okay. So they can't kind of close it off to the rest of the world if they don't have the trademark. Okay, great.

So if a company applies for a TLD string as a dot brand, do they have the ability to get the trademark after they apply, or do they need the trademark before?

Aysegul: So they need to have the trademark before they apply for the next round, because we have a document which is attached to the existing Registry Agreement, and it's called Specification 13. That Specification 13 document is added to a dot brand TLD's agreement. It's an additional document, which talks about and mentions how a brand TLD should be. And in that document, it clearly says the trademark needs to be registered and then it needs to be issued an SMD file in the Trademark Clearinghouse before they apply for the TLD. So it needs to be registered before they apply for next round.

Gretchen: Okay. I think that's an important point just for our dot brand clients and applicants out there, to just remember you need to have the trademark filed and fully registered and also with the Trademark Clearinghouse before putting forth an application. Those are really important kind of table stakes to this process.

All righty. So let's talk a little bit about if you get through that evaluation, if you get through applying, now let's talk a little bit about kind of post-evaluation. So when a TLD is awarded, how long does it take the applicant to kind of get into a contract with ICANN? Is there a time limit on that?

Aysegul: So again, I don't know the timeline requirements around this because we haven't seen the Applicant Guidebook, the full version of it yet. But what I know from the previous round is that, first of all, so if an applicant is successful, they are invited to contracting. And then, as far as I remember from the last round, there is no timeline around it. Like once you are okay to move forward with your application, I think it's kind of up to the registry operator to decide when to sign the Registry Agreement. So there is no timeline around that one. But the agreement is for 10 years, and it has the automatic renewal provision in it. So both parties don't have to do anything at all. It automatically renews itself. But let's see the Applicant Guidebook, if there will be a timeline requirement around that one.

Gretchen: Yeah, we'll definitely watch for that. I actually forgot to ask a question around the kind of evaluation of applications that I'd like to go back to. Does ICANN have like an estimated time frame that you think it'll take to evaluate an application? I mean, I think the last round, it was a lot of kind of like start, stop, start, stop. So people applied in the early part of 2012, and then there were different factors that went into kind of the timing of evaluation of an application. Do you have a sense of kind of how long it's going to take this time?

Aysegul: I think, again, it depends on the amount of applications we will receive. So I don't have an answer to that one at this moment.

Gretchen: No crystal ball? Come on. But okay, yeah. So I think it's hard. I get asked that question a lot. Like, "After I apply, how long will it be before I can kind of know I've got my TLD?" And that is a hard question to ask. Even after the Applicant Guidebook will be published, I think there are lots of different possibilities for how an application can go down the process. There are different types of TLDs. There are different objection procedures, things like that So I think that is a very hard question to answer. So sorry I put you on the spot there, but I thought I'd ask anyway. We do get asked that question a lot.

Aysegul: That’s ok, But Gretchen?

Gretchen: Yeah.

Aysegul: Sorry, for this one, maybe I can just give a little bit of historical background, but I don't know if it will be helpful at all.

Gretchen: Go right ahead. Go right ahead.

Aysegul: So in the 2012 round, we also, three to four months, it was from January to the first Registry Agreement was signed in July 2013. And the first delegation happened October 2013, so which is kind of 18 months after the application window was closed. But this is from the 2012 round. So I'm not sure if it will be the same timeline. It really depends on the number of the applications.

Gretchen: Yeah. No, I think that's super helpful information. Like I said, I think none of us have a crystal ball, and there are lots of kind of things that can happen. But I think it's important for applicants to know it's not like you're going to be waiting five years. It will move faster than you think it will. And I do think that this time, we have the benefit of the first round, and so I think there were a lot of things that we all learned during the first round, that hopefully will inform the process the second round and make it go just a little bit quicker and smoother, right? So that's what I think we're all hoping for. So no, thanks for that perspective though, Aysegul. That's really helpful.

So you mentioned earlier in our kind of interview about the Applicant Guidebook and the Base Registry Agreement being published next month. And so let's just spend a couple of seconds on that or a couple minutes on that Base Registry Agreement. So the Base Registry Agreement will be what an applicant, if they get through the evaluation process and they're awarded their TLD, that's the agreement that they're going to need to sign with ICANN. Is that something that an applicant has the opportunity to negotiate, or is it a standard agreement everybody signs the same agreement?

Aysegul: So it is still being worked on, I mean, the agreement itself. So ICANN and ICANN community is working on this Next Round Base Registry Agreement. So we will publish it for public comment probably June time frame. I don't know it's exactly yet. But again, it needs to be approved by the ICANN Board. And the plan is to publish it before we open the applications for next round. And once the ICANN Board approves that agreement, it's not negotiable at all. It will be the final version. And it's correct to say that it will be a standard agreement.

But as I mentioned earlier, for example, dot brand TLDs, they have Specification 13 added to their contracts. So what I can say is that, based on the category type of the TLD, the agreement will be same for them because, for example, when you have a Specification 13, it overrides some of the provisions in the agreement, right, or it kind of updates some of the sections. Or some sections of the Base Registry Agreement may not be applicable to you, such as the Code of Conduct, for example.

So what I can say is that, for all brands, the agreements will be same, or for all, I don't know, generic ones it will be the same. And yes, negotiating the agreement will not be possible after the ICANN Board approves the agreement.

Gretchen: Okay. Yeah, so I think, if I understand you correctly, there's the Base Registry Agreement, and then Specification 13, which you reference, that's a special kind of addendum, if you will, for dot brand TLDs that gives them some kind of I'll call them waivers on some of the stuff that open TLDs need to do because they are a unique type of TLD on the internet. So there will be potentially the base agreement plus specialized addendums that you need to sign. But whatever it is for your category of TLD, that's the standard agreement, and that's what you'll be required to sign, and you really won't be able to negotiate the language of that is kind of what I'm hearing. In case, it was my experience in the first round. So it sounds likely similar.

Okay, great. So we have a few minutes, and I wanted to see if we could maybe just throw in a couple of questions around Trademark Clearinghouse because even though we're here talking about dot brand, I get a lot of questions about kind of we have clients who are thinking about applying for a dot brand and then they're also saying, "Well, if I don't apply for a dot brand, or regardless if I apply for a dot brand, I'm still going to need to worry about kind of protecting my brand in this new set of TLDs that come out as part of Round 2." So Trademark Clearinghouse is one of those things I get a lot of questions about still. So if I could just maybe steal a couple of minutes to ask those questions.

So the Trademark Clearinghouse was created to help protect rights in new gTLDs. And from everything I can tell from our conversation here, the Trademark Clearinghouse is going to continue in Round 2. So that program will continue. Do you know about any significant changes that we might be seeing in the Applicant Guidebook, as it gets published, around the Trademark Clearinghouse? Or is it pretty much going to be the same do you think?

Aysegul: I don't have a definitive answer to that one because, again, we need to see the Applicant Guidebook for the final rules and requirements around the Trademark Clearinghouse. What I know is that just, over the years, we had some reviews on the Rights Protection Mechanisms. So there might be some changes. But at this moment, I really don't know what type of changes we might be seeing.

Gretchen: Okay. So we'll stay tuned and watch closely in that new Applicant Guidebook. All righty.

And so I guess the last question I'll end up with here is clients are trying to plan their budgets for 2026. Sounds crazy, but budget season is upon us already. People are starting to plan. And so given that, right now, Round 2 application process is scheduled to open in April of 2026, do you think it's likely that any TLDs will launch in 2026, or is that probably going to be more of a 2027 and after event?

Aysegul: So I think it really depends on the amount of applications we will receive because if we receive like a few of them, I don't know, it might be maybe possible to evaluate all of them during 2026. But again, based on our previous experience, as I said before, the application window closed April 2012, and then the first Registry Agreement was signed almost 18 months later. So based on my previous experience, 2026 does not sound realistic in that sense. So I would assume 2027 they might be considering for their budgets. But again, we'll see the amount applications, and then we will see about that.

Gretchen: So it sounds like, to me, that for 2026, if you're planning to apply for a TLD, a dot TLD, you certainly need to plan budget for that, for the application to ICANN, for any kind of supporting services you need to apply. But it isn't until probably after 2027 and after that we'll be dealing with launches and having to work through registrations and other operating costs for someone who does apply, operating costs, and for anybody who doesn't apply, kind of registrations and other kind of rights protection mechanisms to protect their brand. So I think that gives people a high-level idea if they need to budget or not. So I think that's super helpful.

All righty. So I think we've gotten through most of the questions that we've received. Aysegul, I really appreciate the time that you've spent here with us today.