gTLD applicants may face third-party objections through formal dispute resolution procedures administered by ICANN-designated dispute resolution providers. There are four objection categories: string confusion, government/intergovernmental organisation objections, community objections, and legal rights objections based on trademark or other IP rights.
Pitch.law represents applicants in all ICANN dispute resolution forums, including the International Centre for Expertise and other designated providers. We also handle contention set negotiations between competing applicants for the same string, which can sometimes be resolved through private agreement rather than formal proceedings.
String confusion objections argue that the applied-for string is so similar to an existing gTLD or another applied-for string that it would create confusion among internet users. These objections are assessed by specialised panels that consider visual, phonetic, and conceptual similarity of the strings in the DNS context.
Government and intergovernmental organisation objections are filed by governmental advisory committee members or international organisations on public policy grounds. These may relate to geographic names, cultural sensitivities, or strings that implicate governmental functions. Defence requires demonstrating that the application does not contravene the public interest concerns raised.
Community objections challenge the applicant's standing to represent a claimed community. For community-priority applications, the objector must demonstrate that the applicant does not have sufficient community support or that the application would cause detriment to the community. Defence involves comprehensive evidence of community endorsement and engagement.
Legal rights objections assert that the applied-for string infringes existing trademark or other intellectual property rights. These are resolved by panels applying the standards of the applicable dispute resolution procedure, considering the strength of the objector's rights, the similarity between the string and the protected mark, and the good or bad faith of the applicant.
When multiple applicants apply for the same string, ICANN groups them into a contention set. The default resolution mechanism is an auction, where contending applicants bid for the right to proceed. However, private resolution is often preferable: negotiated agreements can involve trademark licences, geographic scope arrangements, commercial partnerships, or withdrawal in exchange for compensation. We advise on contention set strategy and structure private agreements that avoid the cost and uncertainty of auction.
String confusion (the string is confusingly similar to an existing or applied-for gTLD), government objections (public policy or geographic concerns), community objections (the applicant does not adequately represent the claimed community), and legal rights objections (the string infringes existing IP rights).
When multiple applicants apply for the same string, ICANN uses an auction as the default resolution mechanism unless applicants reach a private agreement. We advise on negotiation strategies and structure private agreements to avoid the cost and uncertainty of auctions.
Objection proceedings typically take 3 to 9 months depending on the complexity of the case and the dispute resolution provider's schedule. String confusion and legal rights objections tend to resolve faster than community objections, which often involve extensive evidence submissions.
Yes. If another applicant's string creates a risk to your existing trademark rights or your own gTLD application, we can file objections on your behalf. We assess the merits of potential objections before filing to ensure that the objection has a realistic prospect of success and is strategically justified.
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