Objection Strategy: Legal Rights Objection
Posted by Jennifer Wolfe on 04th July 2012 in 360 Blog

One of the most important aspects of the new gTLD campaign will be using the objection process to protect your brand or trademark portfolio.

Legal rights objections are appropriate when an applied-for gTLD string infringes on your existing legal or trademark rights.

Trademark owners will have the ability to use the objection process to prevent applicants from acquiring top level domains that harm or damage their existing legal rights.

Generally speaking, WIPO, the dispute resolution service provider, or DRSP, adjudicating this process, will side with legal rights objectors when they find that the applied-for gTLD:

1 – Takes unfair advantage of the distinctive character or the reputation of the objector’s mark,
2 – Unjustifiably impairs the distinctive character or reputation of the objector’s mark, OR
3 – Creates an impermissible likelihood of confusion between the applied-for gTLD and the objector’s mark

There are many factors that are considered by WIPO in making this determination which are outlined in the applicant guidebook and which I will go into in more detail in my next blog “Legal Rights Evaluation Factors.”