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TM owners may file applications to block .xxx domain names

The launch of the .XXX domain names starts September 7, 2011. .XXX is a new top level domain intended for use by the online adult entertainment industry. The online adult entertainment industry may start applying to register .XXX domain names on September 7, 2011.

An owner of a registered trademark may also apply to exclude its trademark from the .XXX domain system.

  • The application to exclude must be filed between September 7, 2011 and October 28, 2011
  • The application must be for a mark registered in the US Patent and Trademark Office before September 1, 2011, and must be identical to the mark shown in the trademark registration.
  • The application fee will be approximately $200, and the exclusionary period will last for ten (10) years.

The application process is relatively straightforward, and the person who normally registers your domain names should be able to complete the application. A copy of the trademark registration certificate should have all information necessary for the application.

We encourage trademark owners to determine if they have any registered trademarks they want to exclude from the .XXX domain system, and apply for an exclusion before October 28, 2011.

We understand that the .XXX domain name applicant will be advised of trademark owners’ rights and any blocking applications that have been filed. However, it appears that the .XXX domain name applicant will still have the option to register the .XXX domain name. The current administrative procedure for objecting to a domain name which infringes a trademark is the Uniform Domain Name Dispute Resolution Policy (UDRP). Even if a company does not file an application to exclude its mark from the .XXX domain, it can still challenge .XXX domain names using the UDRP procedure.

Knobbe Martens Olson & Bear LLP is a law firm practicing exclusively in the area of intellectual property law. We have been recognized as a top law firm for trademark litigation and prosecution in the United States in 2011 and for the last several years by Euromoney’s Managing Intellectual Property (MIP) magazine. Our lawyers have an extensive practice in trademark licensing, unfair competition, trade dress, rights of publicity copyrights and false advertising, and considerable experience before the Trademark Trial and Appeal Board in oppositions, cancellations and concurrent rights proceedings.

Read entire article: http://www.kmob.com/news.cfm?nid=153

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