The next wave of domain names: what trade mark owners should know
ICANN’s 2026 New gTLD Program will allow eligible organisations to apply for new generic top-level domains. These are the words or strings that appear to the right of the dot in a domain name, such as .com, .org, .shop, or a brand-owned extension such as .brand.
The application window is open from 30 April 2026 to 12 August 2026. This process is not the same as registering an ordinary domain name. Applying for a new gTLD means applying to operate a new registry, with ICANN evaluation, technical, financial and operational requirements.
For trade mark owners, the 2026 round creates both opportunity and risk. Some businesses may consider applying for their own branded top-level domain. Others will be more interested in securing important domain names under new extensions launched by third parties.
Brand TLDs
A .Brand TLD allows a business to use its own brand name as the top-level domain. For example, a business with the fictional brand ACME might apply for .acme and later use domains such as:
- investors.acme
- careers.acme
- support.acme
A .Brand TLD can create a controlled online environment, but it is a significant undertaking. It is unlikely to be justified as a purely defensive measure unless there is a broader digital, security or brand strategy behind it.
Generic and sector TLDs
A generic or sector TLD is different. This is a broader term or industry descriptor, such as .services, .finance or .technology.
A business applying for a generic TLD should assume it is applying to operate a registry, not simply locking up a term for itself. ICANN’s current position is that “closed generics” cannot proceed unless the relevant policy process permits them, including criteria for assessing whether the proposed closed registry would be in the public interest.
Second-level domains
For many trade mark owners, the more practical issue will be second-level domains. These are the words to the left of the dot.
For example, if a new TLD such as .services were launched, a trade mark owner may want to secure domain names such as:
- acme.services
- acmegroup.services
Those registrations cannot be made unless the relevant TLD is applied for, approved and launched. Trade mark owners will therefore need to monitor the 2026 round and be ready to act if relevant new TLDs move towards launch.
The role of the Trademark Clearinghouse
The Trademark Clearinghouse is an important part of the rights protection framework for new gTLDs. It is not a domain name registrar and it does not, by itself, reserve or register domain names. Instead, it acts as a central verification system for trade mark rights.
Once a trade mark has been verified through the Trademark Clearinghouse, the owner may be able to use that record when new TLDs launch. This is particularly relevant during a registry’s Sunrise period, which is an early registration window for eligible trade mark owners before domain names are made available to the general public.
For example, if a new TLD such as .services were launched, a trade mark owner with a verified record for ACME may have an opportunity to apply for acme.services during the Sunrise period, before general registrations open.
The Trademark Clearinghouse also supports Trademark Claims notifications. These do not prevent a third party from registering a matching domain name, but they can provide a warning to the prospective registrant and a notification to the trade mark owner if a matching registration is made.
There are some important limits. Recording a trade mark with the Trademark Clearinghouse does not guarantee that the owner will secure every matching domain name. The relevant registry may have its own eligibility rules, pricing, allocation process or dispute procedures. The trade mark record also needs to be suitable for the domain name being sought, so word marks are usually the cleanest candidates.
For businesses with important brands, it may be worth checking now whether key registered trade marks are suitable for recording with the Trademark Clearinghouse. That can help ensure they are ready to act quickly if relevant new TLDs are approved and launched.
What should trade mark owners do now?
The 2026 round does not mean every business should apply for its own TLD. For most, a more proportionate strategy will be to:
- review existing domain names;
- identify obvious gaps or high-risk defensive registrations;
- check that core trade marks are registered and owned by the correct entity;
- consider Trademark Clearinghouse registration for key marks; and
- monitor the applied-for TLD list once ICANN publishes it.
Key takeaway
ICANN’s 2026 round is not just another domain name registration opportunity. It is a process for creating and operating new top-level domains.
For most trade mark owners, the immediate question will not be whether to apply for their own TLD, but how to be ready to protect key brands if relevant new domain extensions are launched.
Special thanks to Partner Kieran O’Connell for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
