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New generic Top-Level domains (gTLDs) present both opportunities and risks for trade mark owners
The Internet’s naming system is entering a significant new phase. In April 2026, the Internet Corporation for Assigned Names and Numbers (ICANN) will open applications for a fresh round of new generic Top-Level domains (gTLDs), the first opportunity of this scale since 2012. For businesses, brand owners, and prospective registry operators, this round presents both opportunities and risks.
This article summarises the key developments, and the considerations for trade mark owners.
Understanding Domains
A domain name is the human readable address used to locate websites online. The final segment of the address, such as .com, .org, or .net, is known as the Top-Level Domain (TLD). If this is not tied to a specific country, it is called a generic TLD (gTLD). The part selected by a brand or individual (e.g. “henryhughes” in henryhughes.nz, or henryhughes.co.nz) is the Second-Level domain or Third-level domain respectively, and before that you find the Sub-Domain (such as www).
Since the original six (.com, .edu, .gov, .mil, .net, and .org) gTLD’s were introduced in the 1980s, gTLD's have grown dramatically. ICANN’s 2012 expansion added over 1,200 new gTLDs, including familiar extensions such as .app, .shop, .store, and .ai.
As of early 2025, more than 368 million domains were registered globally. The .com domains remain dominant with over 157 million registrations. Premium .com domains continue to command significant value. For example, cars.com sold in 2014 for USD 872 million!
What’s happening in 2026?
Beginning April 2026, ICANN will accept applications for new gTLDs. Unlike registering a domain name, applicants in this process are seeking to become registry operators responsible for the technical, policy, and operational management of an entire gTLD space.
There are different types of gTLD’s on offer:
- Standard gTLDs (e.g., .vegetables, .elephant), which may operate commercially or serve a defined community.
- .brand gTLDs, reserved exclusively for trade mark owners. These gTLD’s allow brands to control their own entire namespace. For example, securing a gTLD for .henryhughes would allow us to use a wide variety of domains such as careers.henryhughes or trademarks.henryhughes.
Important information about the 2026 gTLD round
The Application period opens in April 2026 and will end on 12 August 2026.
The expected evaluation fee for a new gTLD application is USD 227,000, significantly higher than securing a domain name.
ICANN have now issued its Applicant Guidelines at The New gTLD Program | New gTLD Program. These are over 400 pages long so do not make for light reading! The guidelines confirm the process to obtain a new gTLD is complex and highly administrative. Most applicants would have already started preparing for the stringent requirements to own a new gTLD.
What does this mean for trade mark owners?
The expansion of new gTLD’s creates both opportunity and risk for trade mark owners.
Opportunities
- Owning a .brand gTLD allows unrivalled control, security, and flexibility for your brand.
Risks
- Third parties may legitimately apply for second level domains eg www.henryhughes.ip or www.henryhughes.law in the new gTLD spaces that conflict with your trade mark (for example because they own the same trade mark in another country).
- New gTLDs provide fresh avenues for nefarious actors to engage in cybersquatting, phishing, and lookalike domains. Historically, the months immediately following the approval of new gTLD’s has seen surges in malicious or opportunistic domain registrations.
So, what should you do?
Early monitoring is essential. We recommend you:
- Keep an eye on the new gTLDs to assess if you should purchase a Second-Level domain within a new gTLD space;
- Track the new gTLDs for any third-party use of your trade marks. We can help do this with domain clearinghouse registrations.
You may also wish to review your trade mark portfolio to ensure you have secured trade mark registrations for any Second-Level domain elements that may be of interest to you, or that you wish to prevent third parties from using. This will give you a head start in this next gTLD race.
For more information, get in touch.
Zoe Dewhurst - March 2026
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