TMEP 716.02(i): Pending Registry Agreement with ICANN for Marks Comprised Solely of gTLDs for Domain-Name Registry Operator and Registrar Services

October 2017 Edition of the TMEP

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716.02(i)    Pending Registry Agreement with ICANN for Marks Comprised Solely of gTLDs for Domain-Name Registry Operator and Registrar Services

With regard to an application for a mark composed solely of a gTLD for domain-name registry operator and registrar services, the examining attorney may issue an information request under Trademark Rule 2.61(b), 37 C.F.R. 2.61(b), that requires the applicant to submit a verified statement indicating whether the applicant has in place, or has applied for, a Registry Agreement with the Internet Corporation for Assigned Names and Numbers ("ICANN") designating the applicant as the Registry Operator for the gTLD identified by its mark. If, in response, the applicant indicates that it has a currently pending application before ICANN for a Registry Agreement for the gTLD identified by its mark, and the applicant has otherwise demonstrated that the mark consisting of the gTLD could function as a mark, the examining attorney may suspend the application until the resolution of the applicant’s pending application with ICANN. See TMEP §§1215.02(d)─1215.02(d)(iv) regarding examination of marks comprised solely of gTLDs for domain-name registry operator and registrar services.