Introduction
In a world where a company’s digital presence is just as strategic as its tangible assets, trademark protection now extends far beyond traditional legal frameworks. The Internet Corporation for Assigned Names and Numbers (ICANN) has announced a new round of applications for custom top-level domain (TLD) extensions in 2026, including the possibility for brands to secure their own .brand extension. This opportunity, exclusively available to trademark holders, allows them to obtain their own internet extension — granting unprecedented control over their digital territory. But what are the legal, technical, and strategic implications of this option?
This article offers an in-depth analysis of .brand TLDs as tools for modern trademark protection and brand enhancement in the digital age.
1. What Is a .brand TLD?
A Top-Level Domain (TLD) is the final segment of a domain name (e.g., .com, .fr, .org). Since 2012, ICANN has allowed select companies to apply for custom TLDs, including .brand extensions (e.g., .axa, .bnpparibas, .sncf). Unlike generic TLDs, these extensions are exclusively reserved for use by the trademark holder.
The concept is simple: instead of purchasing a domain under a generic extension (e.g., brandname.com), the company owns and operates its own extension (e.g., contact.brandname).
2. Why Is a .brand TLD a Strategic Lever for Trademark Owners?
a) Stronger Legal Protection
In the traditional system, trademark holders must monitor domain registrations and sometimes initiate proceedings to prevent third parties from registering names identical or similar to their marks. Cybersquatting remains a common threat.
With a .brand TLD:
- No third party can register a domain name under the extension — it is reserved exclusively for the trademark owner.
- The company acts as its own registry, holding ownership and full control over the subdomains created.
- This serves as a technical and legal shield against brand infringement.
b) An Anti-Phishing Tool
Phishing often relies on fraudulent domains or email addresses mimicking a company’s identity. With a .brand extension, users know that any domain ending in .brand is officially validated by the company. This:
- Builds digital trust,
- Reduces the risk of fraud,
- Enhances traceability of official communication channels.
c) Improved Clarity and Consistency Across the Digital Ecosystem
Companies can structure their digital services clearly:
- careers.brand,
- press.brand,
- support.brand,
- products.brand.
This organized structure improves user experience and reinforces the brand’s digital identity.
d) An Asset for Intangible Value Creation
A .brand TLD is fully aligned with strategies to build intangible assets:
- It becomes a core component of digital identity,
- Reflects digital maturity,
- Can provide a long-term competitive edge.
3. The Legal Framework Behind .brand TLDs
a) Trademark Law Foundations
Trademark rights in France and the European Union are governed by:
- The French Intellectual Property Code (Articles L.711-1 et seq.),
- Regulation (EU) 2017/1001 on the European Union Trade Mark.
Trademark registration is a mandatory prerequisite for any application for a .brand TLD.
b) Dispute Resolution Mechanisms
The domain name ecosystem relies on alternative dispute resolution tools, such as:
- The UDRP (Uniform Domain-Name Dispute-Resolution Policy), adopted by ICANN on August 26, 1999, and administered by WIPO (World Intellectual Property Organization),
- In France, the Syreli procedure, offered by AFNIC for .fr domains.
These mechanisms remain relevant to protect prior rights in cases of abusive domain registrations.
4. Requirements for Applying for a .brand TLD
ICANN imposes a detailed application process, which includes:
- Proof of trademark ownership and brand recognition,
- A technical deployment plan, demonstrating capacity to operate a domain name registry,
- Security assurances, including implementation of DNSSEC and cybersecurity protocols,
- Compliance with the General Data Protection Regulation (GDPR),
- A governance model defining how subdomains will be created and used.
5. What’s Next? Strategic Outlook for 2026 and Beyond
With a new application round for TLDs expected in 2026, companies have a strategic window of opportunity they should not overlook. Building a strong digital identity increasingly requires sovereign control over digital architecture.
By reinforcing classic legal protections with a robust technical foundation, a .brand TLD provides an exclusive digital space with high levels of security, visibility, and consistency.
Conclusion
.brand TLDs are more than just a technical tool — they are set to become a new cornerstone in trademark protection in the digital era.
For in-house counsels and trademark professionals alike, this evolution requires active monitoring and integration into the broader strategy for protecting intangible assets.
