Joining the Dots – Part 1: Introduction to the new gTLD program
What is the new gTLD program?
The domain name system (“DNS”) is an integral part of the Internet, simplifying the complexity in the interaction between Internet users and IP addresses.
These short extensions at the end of URLs will be familiar to all Internet users, particularly some of the more established top-level domains (“TLDs”) such as generic TLDs (“gTLDs”) like .com, .net and .org and country-code (“ccTLDs”) such as .uk, .fr, .de etc.
“Dot Com” continues to reign supreme in the domain name world with almost half of all domain names registered on that TLD. However, the options are so much wider, with a huge number of new gTLDs being available to choose from (including .shop, .fish, .football and .software (to name but a few)) following the 2012 new gTLD program run by the Internet Corporation for Assigned Names and Numbers (“ICANN”). Such program invited applications to operate new gTLDs and was a great success, resulting in more than 1,200 new gTLDs being delegated against which, to date, over 45 million domain names having been registered. It is, therefore, unsurprising that ICANN has chosen to run another application round with applications opening in April 2026.
The 2026 New gTLD Program represents the first time in over a decade that organisations and individuals will have the opportunity to become the registry of a new gTLD. This is more than a niche technical exercise: it constitutes a rare virtual land grab which should be of interest to more than just existing domain name registries, registrars and speculators. The new Program will inevitably lead to a significant expansion of the domain name system, reshaping the Internet’s addressing layer once again.
With this come certain opportunities but also risks for brands which should not be ignored.
The opportunity: owning your own namespace
One potentially significant opportunity lies in .brand TLDs (i.e. a TLD owned and operated by a single brand for its exclusive use). A number of brands took the opportunity to register a .brand domain name in 2012, including, for example, .bmw and .canon. In doing so, a brand owner can acquire an area of the DNS where it has complete control. There is no requirement to operate an open registration policy. Instead, such .brand registry can set its own criteria for the registration of new domains on the second level. A .brand gTLD can therefore be used to create a secure and consistent naming architecture across all commercial activities (e.g. payments.brand, careers.brand etc). This not only enhances consumer trust by providing reassurance to Internet users that they are interacting with an official website or email account, but it also enables the brand owner to engage certain enhanced technical measures to reduce the risk of cyberattacks, spoofing and impersonation not least because only the company (or, for example an authorised reseller) can register in the relevant .brand namespace.
An application is not a decision to take lightly. The application fee alone is $227,000 and there will be significant costs (and time) involved in ensuring that the company has the technical resources and capability to set up and maintain a registry (albeit that this can also be achieved by working with an evaluated registry service provider).
Nonetheless, for organisations with a world-famous brand, there may be merit in considering the cost of a .brand TLD against benefits it brings and the savings to multi-year defensive registration and enforcement budgets.
We will discuss the application process in more detail in a later Law-Now in this series.
The risks: more surface area for attacks on your brand
A new wave of open, generic strings creates fresh real estate for brands, which can be a great benefit to those who find the .com space is already overcrowded. However, with this comes the risk of further domain name extensions that can be targeted by cybersquatters, phishers and other nefarious actors. Even with rights protection measures, the first months after delegation historically see a spike in typos, lookalikes and opportunistic registrations. Paying attention early lets brand and security teams pre‑empt high‑risk combinations, engage with registries on premium and reserved lists, and adopt blocking services where available.
There is also the risk that someone may apply for a new gTLD which conflicts with your brand. The new gTLD program has means to deal with contentious strings but it is important to be vigilant.
In a later Law-Now, we will consider the mechanisms available to minimise these risks.
Summary
In summary, the 2026 New gTLD Program represents a landmark moment in DNS history. Brands that engage with this process early stand to gain the most from the opportunity it affords but also stand to benefit from the ability to mitigate some of the risks at an early stage and hence to avoid some of the potential damage and enforcement costs that may otherwise arise in the new namespace.
