--- title: "Brand TLDs in the 2026 Round: the Applicant Guidebook | Pitch" description: "What a brand TLD is, how the Applicant Guidebook treats it, and the contract obligations that come with running one." url: https://www.pitch.law/academy/brand-tlds-in-the-2026-round-of-new-gtlds-key-takeaways-from-the-draft-applicant-guidebook --- [pitch](https://www.pitch.law/) [Academy](https://www.pitch.law/academy) [New gTLDs](https://www.pitch.law/academy/topics/gtld) # Brand TLDs in the 2026 Round: the Applicant Guidebook What a brand TLD is, how the Applicant Guidebook treats it, and the contract obligations that come with running one. - By By Bart Lieben, Attorney-at-Law - Published 21 August 2025 ## The legal framework A brand TLD, or dotBrand, is a top-level domain that consists of a company's own trademark and is operated as a closed registry. Only the company, its affiliates and parties it authorises can use names under it. An open gTLD, by contrast, sells names to the public. A brand TLD has no registration revenue. Its value lies in control, security and identity, which the article on [strategic use cases](https://www.pitch.law/academy/strategic-use-cases-for-brand-tlds-from-experiment-to-a-cornerstone-in-digital-strategy) describes. ### The Applicant Guidebook The Applicant Guidebook (AGB) is ICANN's rulebook for the round. It sets out who may apply, what the applicant must show about its finances, technical operation and policies, how applications are evaluated and how objections and contention are handled. The 2026 guidebook asks for considerably more information than the one used in 2012, and it has been revised during the preparation of the round, so applicants should always work from the final text on ICANN's website. ### DotBrand eligibility In 2012, brand TLDs were governed by Specification 13 of the registry agreement. A TLD qualified if the string matched a registered word mark, the operator (or an affiliate) owned the mark, and registrations were limited to the operator and its affiliates. In return the operator was exempt from several obligations designed for open registries, such as the sunrise and trademark claims processes and the use of accredited registrars for its own names. The 2026 round keeps this idea and adds a separate DotBrand eligibility evaluation, for which ICANN charges a conditional fee. Applicants should check the exact criteria and the evidence of trademark rights they require in the final guidebook. In practice, the strength of the trademark underlying the string is central. It is a reason to review the mark before the application: its registration, its scope and who owns it in the group. ### The registry agreement After a successful evaluation, the operator signs the registry agreement with ICANN. Its obligations are real even for a closed registry. They include DNSSEC signing of the zone, publishing registration data through RDAP, handling DNS abuse in line with the agreement, reporting to ICANN, paying ICANN fees, taking part in compliance audits and keeping a continuity plan. The technical work is usually done by a registry service provider under contract. Changes of ownership or control of the operator need ICANN's consent. ### Contention If two applicants apply for the same string, the string enters contention. The usual outcome is an agreement between them or, failing that, an auction. A common word or a name shared by several companies is more at risk than a unique coined name. The brand owner with the earliest, strongest rights does not automatically win, so the risk should be assessed before application. ## In practice A family business sells garden furniture under its name, which is also a common surname. It considers a brand TLD and checks the following before deciding. First, the trademark. It holds an EU trade mark for the word, in the relevant classes, and the mark is owned by the holding company that would be the applicant. If the mark were owned by a subsidiary, the ownership would first have to be aligned. Second, contention. A search of the registers shows that other businesses in Europe and the US use the same name. The company decides that contention is a real risk, and plans a budget and a fallback: an agreement with the other business or a decision to withdraw. Third, operation. It will need a registry service provider, a clear policy for who may use the TLD, and a person responsible for the registry agreement. Its IT team has to be involved because all of the company's addresses could change. The company concludes that the main benefit would be authenticating its online shop, and that this does not justify the costs. It decides against applying, and relies instead on [monitoring](https://www.pitch.law/technologies/domain-monitoring-enforcement) of lookalike domain names. Another company with the same facts might decide the other way. The decision is a business choice and not a legal one. [Our clearance engine](https://www.pitch.law/technologies/efficient-cost-effective-and-accurate-trademark-clearance-solutions) can be used to test whether a string conflicts with other trademarks before and after application. ## Frequently asked questions ### What is the difference between a brand TLD and an open gTLD? A brand TLD is closed and used by the operator and its authorised parties. An open gTLD sells names to the public under registration policies and earns revenue from them. ### Do I need a registered trademark? For a brand TLD, yes in practice: the string has to correspond to a trademark that you own, and the DotBrand eligibility evaluation looks at it. Check the final guidebook for the exact evidence. ### Can I use my brand TLD for partners? Yes, if the registry policy allows it and the partners are authorised, for example distributors or franchisees. The policy and the contracts with them define what they may do. ### Can I give it up? An operator can terminate the registry agreement, but only in accordance with its terms, and the consequences for the names and the infrastructure built on them have to be planned. ## How this connects [New gTLDs for Brands](https://www.pitch.law/solutions/new-gtlds) sets out how Pitch advises at each stage. For the status of the round see the article on [ICANN's 2026 round](https://www.pitch.law/academy/icanns-next-round-of-new-generic-top-level-domains-in-2026), and for the earlier rounds the [history of the programme](https://www.pitch.law/academy/history-and-background). ## In short - What makes a TLD a brand TLD - The DotBrand eligibility check in the 2026 guidebook - Registry agreement obligations after delegation - Contention for common brand names ## Related solutions - [Solutions](https://www.pitch.law/solutions/new-gtlds) ### [New gTLDs for Brands](https://www.pitch.law/solutions/new-gtlds) [Advice for brand owners on ICANN's new gTLD programme, from the decision to apply through objections and contention to running a registry.](https://www.pitch.law/solutions/new-gtlds) ## Technology we use - [Technology](https://www.pitch.law/technologies/efficient-cost-effective-and-accurate-trademark-clearance-solutions) ### [Trademark Clearance Search](https://www.pitch.law/technologies/efficient-cost-effective-and-accurate-trademark-clearance-solutions) [Our clearance engine runs a name through absolute grounds, registers and online sources, scores similarity and produces an opinion that an attorney signs off.](https://www.pitch.law/technologies/efficient-cost-effective-and-accurate-trademark-clearance-solutions) - [Technology](https://www.pitch.law/technologies/domain-monitoring-enforcement) ### [Online Brand Monitoring](https://www.pitch.law/technologies/domain-monitoring-enforcement) [Continuous discovery of lookalike domain names, counterfeit listings and impersonating accounts, with detections shown in the client portal for attorney review.](https://www.pitch.law/technologies/domain-monitoring-enforcement) ## More in New gTLDs - ### [Brand TLDs in Financial Services](https://www.pitch.law/academy/dotbrand-domains-in-financial-services-what-a-decade-of-data-reveals-about-trust-security-and-the-road-to-2026) [Why banks and insurers look at brand TLDs, what a brand TLD can and cannot do against phishing, and which EU rules shape the decision.](https://www.pitch.law/academy/dotbrand-domains-in-financial-services-what-a-decade-of-data-reveals-about-trust-security-and-the-road-to-2026) - ### [History of ICANN's New gTLD Program](https://www.pitch.law/academy/history-and-background) [How the top-level domain space grew from a handful of extensions to more than a thousand, and what the earlier rounds teach applicants and brand owners today.](https://www.pitch.law/academy/history-and-background) - ### [ICANN's Next Round of New gTLDs (2026)](https://www.pitch.law/academy/icanns-next-round-of-new-generic-top-level-domains-in-2026) [Where ICANN's 2026 round of new generic top-level domains stands in October 2026, how the process continues after the application window, and what it means for brand owners.](https://www.pitch.law/academy/icanns-next-round-of-new-generic-top-level-domains-in-2026) - ### [Strategic Use Cases for Brand TLDs](https://www.pitch.law/academy/strategic-use-cases-for-brand-tlds-from-experiment-to-a-cornerstone-in-digital-strategy) [How companies use a brand TLD in practice, from authentication and anti-phishing to internal systems and partner networks, and the legal points that go with each use.](https://www.pitch.law/academy/strategic-use-cases-for-brand-tlds-from-experiment-to-a-cornerstone-in-digital-strategy) ## Let’s talk Tell us what you’re working on. 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