Register your brand in the correct writing due to new Top-Level Domains

Starting January 12, , for a period of ninety days  organizations (both public and commercial institutions) may apply for their own top level extension (a gTLD). The new gTLDs are mainly known as the new DOT BRAND extensions. Large international companies may have their brand or a generic term such as  a gTLDs to put on record. So instead of .COM or .ORG the domainname will read. ABCOR,. Or .SHOP or .BANK (for the financial world). Much has been written about the advantages and disadvantages for trademark holders to own a DOT BRAND gTLD. But what consequences does this new option have for brand owners in general?

ICANN is expected to issue (the organization that regulates the new issue) between twenty and one hundred new gTLDs. Perhaps the most important for brand owners to keep in mind: the new gTLD may be applied for in all languages and scripts are (including Japanese, Chinese, Arabic, Cyrillic, etc.). Trademark holders will be the first to obtain a gTLD. Since this is done on the basis of a trademark registration, it is important for brand owners to ensure that not only the major brands have been registered in our usualLatin script, but also in other scripts. The expectation is thatmany Asian and Arab organizations especially   will claim new gTLDs. They may for example, claim, with the same priority, the domain name. SHOP (in Chinese). There must, however, be a valid trademark registration in Chinese writing. Therefore please check on time if your most important brands have been registered in the the portfolio or the most important brands are registered in the major scripts.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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