On May 30, ICANN published a full draft version of the New gTLD Program: Next Round Applicant Guidebook (AGB). In our previous rundown of considerations for dotBrand applicants, IP Twins reported on a series of likely new rules for the Next Round, which were to be confirmed once the AGB was finalized. Now that we’ve had the opportunity to review the draft documents, let’s look at how three new rules that dotBrand applicants will want to keep in mind and how they’ve taken shape:
dotBrand as a Defined Applicant Class
Section 6.1.2.4 confirms the intention to allow dotBrands to formally classify their applications as such.
Specification 13 is the addendum to the Registry Agreement that establishes conditions for dotBrands and establishes an exemption to the rules that open TLDs must follow when working with domain name registrars. For the 2012 round, Specification 13 wasn’t finalized under months after dotBrand applicants received standard contracts back from ICANN. Most opted to wait for Specification 13 before signing. In contrast, when a dotBrand applies for the 2026 round, they will know that Specification 13 will be automatically attached to the Base Registry Agreement.
Additional Notes:
- The draft AGB also confirms the intention to charge an additional fee of US$ 500 for the application to be considered as a dotBrand.
- The Trademark Clearinghouse will be used as a mechanism for determining eligibility to apply for a dotBrand. The .SMD file will need to be uploaded to the application itself.
Brand String Change Requests
The introduction of replacement strings is another new element of the 2026 round. Applicants won’t know in advance if other companies will apply for the same domain. If this ends up happening, the applicant will be able to switch their applied-for string to a second choice. The second choice, called “replacement string” in ICANN parlance, needs to be declared in the initial application.
dotBrand applicants will be able to declare replacement strings, same as any other applicant. However, they will also have access to a second mechanism for changing strings that is only available to dotBrands. Brand String Change Requests entail adding a word matching the company’s description of goods to the brand name itself. These alternatives don’t need to be declared in the initial application. dotBrands would have more time to exercise this option than is allowed with the alternative string mechanism.
Closed Generics
The applications from the 2012 round sparked a debate about whether a company should be able to operate a generic-word TLD without offering registration to the public. ICANN eventually determined that such applications would not be permitted in the 2026 round. For example, a shoe company cannot apply for .shoe and register domains only for itself.
This rule was announced by ICANN prior to publication of the AGB, but the guidebook holds new information relevant to prospective dotBrand applicants whose trademark is a dictionary word and were concerned it could face scrutiny as a “closed generic.”
“Question Set 13: Brand TLD and Code of Conduct Exemptions” would contain two questions aimed at addressing this very scenario. In the first, the applicant checks a box stating that they would not operate the domain as a closed generic. In the second, they would explain how they’d operate the domain and why it wouldn’t conflict with this principle.
Prioritization Draw
In the 2012 round, ICANN ended up abandoning the method for establishing a priority order for application processing that had appeared in the AGB. The alternative method devised was a “Prioritization Draw,” a live drawing for which applicants had the option of purchasing a ticket in advance.
The Prioritization Draw is back for the 2026 round and tickets would only be available to purchase in person. Although optional, most applicants chose to participate in 2012. dotBrand applicants that want to avoid prolonged waits for delegation should plan on sending a representative to buy a ticket to the draw.
Takeaway
For companies considering a dotBrand, the 2026 round offers unprecedented clarity, flexibility, and strategic advantages; provided they prepare in advance.