New TLD contracting

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The following is an outline of the Contracting process as defined by ICANN, it is our goal to supplement this with actual contracting timelines and action items that are encountered by new TLD applicants. Information can be edited directly, or contact Andrew Merriam, andrew[at]tldesign.co

Steps & Timeline

  1. CIR (aprox. 8 days)
    1. CIR Review
  2. Sign Registry Agreement
  3. PDT (approx. 6 weeks)
  4. Transition to Delegation (approx. 2 weeks)
  5. Delegation
  6. Registry Onboarding

Contracting Information Request

Contracting Information Request (CIR) invitations are sent to applicants that have passed initial evaluation (IE) and are ready to continue the process of registering a new gTLD. ICANN uses CIR invitations to gain more information about the registry including: points of contact, proof of a continued operations instrument (COI), disclosure of cross-ownership interests, and any modifications to data in previous applications.[1] In order for an application to be considered eligible for a CIR, it must meet specific criteria, such as being active.[2] An applicant will not receive a CIR if the new gTLD is under objection, in contention, or has received a GAC early warning.[2] Additionally, if the gTLD is considered at high risk for name collision or has active changes pending, it will not qualify for a CIR invitation.[2] During the CIR process, registries may apply for a Code of Conduct (COC) exemption. In order to qualify, a registry operator must show:

  • “(i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for the exclusive use of Registry Operator or its Affiliates,
  • (ii) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator, and
  • (iii) application of this Code of Conduct to the TLD is not necessary to protect the public interest."[3]

CIR Review

After the CIR is submitted, it is checked for completeness and subject to a substantive review. Although ICANN processes CIRs by their priority number, any problems or errors found will result in a more lengthy CIR process and follow up procedure.[2]

Registry Agreement

Pre-Delegation Testing

The Pre-Delegation Testing (PDT) process allows ICANN to determine if registries meet specific “technical and operational requirements”[4] deemed necessary to maintain a new gTLD.

Post-Delegation Processes

Sunrise Period

The Sunrise Period gives trademark holders a minimum of 30 days to register domain names that match their trademarks before these names become publicly accessible.[5] Additionally, notice must be given to all trademark holders in the clearinghouse when new gTLDs enter this process. [6]

Trademark Clearinghouse

Registries are required to submit new gTLDs to the Trademark Clearinghouse (TMC or TMCH), which was established in order to protect intellectual and trademarked property. Attempts to register a mark that is already within the system will lead to notification.[5]

Registry Onboarding

References