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Comment Period: 11 Nov 2014- 2 Dec 2014 - Reply Period: 3 Dec 2014- 24 Dec 2014
Section I: Description, Explanation, and Purpose
The Comunidad de Madrid’s applications for two Approved Launch Programs (“Public Administrations Program” [PDF, 124 KB] and “Parallel Sunrise Program” [PDF, 138 KB]) pursuant to Section 4.5.2 of the Trademark Clearinghouse Rights Protection Mechanism Requirements (the “TMCH Requirements“) for its .MADRID TLD are being posted for comment to give the community an opportunity to review and provide feedback.
Section 4.5.2 of the TMCH Requirements provides that Registry Operators may, prior to the start date of its Sunrise Period, apply to ICANN to conduct an “Approved Launch Program” not otherwise permitted by the TMCH Requirements. An Approved Launch Program may allow the Registry Operator to register certain domain names prior to the completion of the Sunrise Period for the TLD. A Registry Operator may submit an application to conduct an Approved Launch Program for its TLD (a “Launch Application“) in accordance with the Approved Launch Program Application Process available at: newgtlds.icann.org/en/announcements-and-media/announcement-12nov13-en. Under Section 4.5.2 of the TMCH Requirements, ICANN reserved the right to submit any Launch Application for public comment.
Once a Launch Application is submitted to ICANN, ICANN reviews and analyzes the application pursuant to the Approved Launch Program Application Review Guidelines (the “Guidelines“). The Guidelines set forth ten factors ICANN takes into consideration during its analysis and review prior to reaching a final decision.
Detailed Information:
The Comunidad de Madrid has submitted two Launch Applications: (i) a Public Administrations Program and (ii) a Parallel Sunrise Program. ICANN is seeking public comment on all aspects of these Launch Applications. As stated in the Guidelines, multiple applications should be considered cumulatively and in the aggregate, however, if you have comments that are specific to a particular Launch Application, please so indicate. In particular, comments would be helpful with regard to the following factors for each Launch Application:
- How might the applied for launch program affect consumer confusion?
- How might the applied for launch program affect intellectual property rights?
- What are the risks, if any, of not capping the number of domain names that may be registered under the launch program?
- Is the applied for launch program necessary to achieve the stated objectives of the Registry Operator or could its objectives be similarly achieved through a Limited Registration Period? (See the TMCH Requirements for a discussion of Limited Registration Periods.)
- Is the applied for launch program necessary to achieve the stated objectives of the Registry Operator given the availability of a Qualified Launch Program? (See [LINK] for a discussion of the Qualified Launch Program.)
Next Step:
Public comment will be analyzed and taken into account by ICANN during ICANN‘s review of the Comunidad de Madrid’s Launch Applications.
Section II: Background
Section 4.5.2 of the TMCH Requirements provides that a Registry Operator may, prior to the start date of its Sunrise Period, apply to ICANN to conduct an “Approved Launch Program” not otherwise permitted by the TMCH Requirements. An Approved Launch Program may allow the Registry Operator to register certain domain names prior to the completion of the Sunrise Period for the TLD. A Registry Operator may submit an application to conduct an Approved Launch Program for its TLD (a “Launch Application“) in accordance with the Approved Launch Program Application Process available at: http://newgtlds.icann.org/en/announcements-and-media/announcement-12nov13-en. Under Section 4.5.2 of the TMCH Requirements, ICANN reserved the right to submit any Launch Application for public comment.
Once a Launch Application is submitted to ICANN, ICANN reviews and analyzes the application pursuant to the Approved Launch Program Application Review Guidelines (the “Guidelines“). The Guidelines set forth ten factors ICANN takes into consideration during its analysis and review prior to reaching a final decision.
Section III: Relevant Resources
- .MADRID Registry Agreement: https://www.icann.org/resources/agreement/madrid-2014-05-01-en
- Rights Protection Mechanism: https://www.icann.org/resources/pages/tmch-requirements-2014-01-09-en
- The Comunidad de Madrid’s application for “Public Administrations Program” [PDF, 124 KB]
- The Comunidad de Madrid’s application for “Parallel Sunrise Program” [PDF, 138 KB]
- Approved Launch Program Application Process: http://newgtlds.icann.org/en/announcements-and-media/announcement-12nov13-en
Section IV: Additional Information
N/A
This ICANN announcement was sourced from:
https://www.icann.org/public-comments/madrid-alp-application-2014-11-11-en