As ICANN’s 2026 application window for new generic Top-Level Domains (gTLDs) opens on 30 April 2026, the opportunity for organisations to apply for their own TLD (a dotBrand) represents a pivotal moment for IP holders to secure exclusive digital real estate. Stuart Fuller explains.

This is the first chance in 14 years to create closed, controlled namespaces that fortify brand identity, streamline customer authentication and neutralise phishing risks. With the submission window due to last just 15 weeks, and with no subsequent application round on the horizon, this could be a generational opportunity where hesitation could mean missing out entirely.

The ticking timeline: act now or risk regret

The 2026 round introduces a streamlined process compared to ICANN’s first application round in 2012, with no continuing operations instrument (COI) required for many publicly traded applicants and a Vickrey auction model for contention resolution replacing some of the horse-trading and deals done behind closed doors in the form of private resolution that was allowed in the previous iteration.

However, despite some of the areas of complexity and controversy being removed from the process, timely preparation is non-negotiable.

Companies should start that preparation work today by engaging with a team who can generate a comprehensive TLD feasibility study to evaluate potential strings against the comprehensive ICANN criteria rules, laid out in the Applicant Guidebook (AGB), including ensuring that there is a relevant, matching trademark registered and verified by the Trademark Clearinghouse (TMCH).

Understanding any risks now could prevent significant investment in resourcing and costs that could ultimately be futile if there’s a red flag that isn’t discovered before an application is submitted and the fee is paid.

Parallel to that preparation is lining up the partners you will need to support you on your journey to owning your own digital namespace. Work with dotBrand experienced registrars and ICANN-accredited registry service providers (RSP) who will draft applications meticulously, avoiding delays and issues during the evaluation phase.

Rushed submissions may lead to inaccuracies, higher contention risks and potential extended evaluation fees. In extreme circumstances, it could lead to applications being rejected, with no opportunity to resubmit corrected details.

Securing stakeholder buy-in: a cross-functional imperative

The success of any dotBrand TLD hinges on alignment across key internal stakeholders including legal, IT, security, marketing/branding and executive teams. Each stakeholder will have different motivations and return on investment metrics for an application.

It is key to foster buy-in across the organisation through workshops demonstrating use case precedents both from industry competitors and global sector leaders. The ultimate key is to quantify benefits for an application and gain company-wide approval. Without consensus or clear use cases, applications can falter before, or most likely after, submission.

To apply or not? A strategic decision framework

You should consider an application if your brand is globally iconic, is investing in digital transformation and seeks proprietary infrastructure, such as within the fintech market. The benefits you will reap include trade mark exclusivity, zero third-party abuse and futureproofing as the digital ecosystem continues to grow and innovate.

For organisations where budgets are tight, IT lacks automation maturity or strings face potential high contention then it may not be the right time for an application (which underlines the value of the Feasibility Study), although this should always be framed by the unknown of when another opportunity will emerge.

Reveal day drama: navigating third-party conflicts

The date where the IP world will be watching is “Reveal Day”, the day when ICANN publishes all applications, igniting the contention sets. This is likely to be in late October 2026. A conflicting TLD, especially where the brand is also a generic or dictionary word or one that is semantically similar, could see the string placed into a contention set, where one of the options is the ICANN auction process.

With no private settlements or resolution allowed post-submission, pre-application intelligence (trade mark scans, public announcements, existing Web 3 names and ICANN’s blocked strings) is crucial. The risks even at this stage are high, with a maximum of 65% refund of the ICANN application fee at this stage, which reduces quickly to just 20%.

The 2026 application window is your organization’s legacy play. Your dotBrand future starts now!

Stuart Fuller is Senior Vice President, Commercial, Markmonitor Group. Thanks to Nick Wood and Gabriele Engels of the MARQUES Cyberspace Team for commissioning this post. Image reproduced from ICANN's website here.

EUIPO is hosting two online events aimed at business advisers working with SMEs

The first one is on Thursday 23 April 2026 (tomorrow) from 10:00-11:30 Alicante time and is titled “Train the Adviser – Unlocking business success with IP tools and services”. You can find more information and register here.

EUIPO says the session will offer the following benefits:

• Learn about free IP support, funding opportunities, IP Scan, conflict resolution mechanisms, IP due diligence, IP valuation, and free search tools;
• Get hands-on insights through case studies, demos, and practical exercises;
• Strengthen your advisory toolkit and help SMEs protect and grow their business.

The second session is on Wednesday 20 May 2026, from 10:00-11:35 Alicante time. It is titled “Train the Adviser – IP and finance: monetizing IP rights”.

This session will cover topics including the value of IP for business, protecting innovation through IP rights, IP valuation, due diligence and IP valuation methodologies.

More details and registration is on the EUIPO website here.

MARQUES is pleased to share this information with readers, and encourages those who are interested to sign up.

In Case T-591/24 (Sandoz v EUIPO) before the EU General Court, the MARQUES Amicus Curiae Team acted as intervener on the side of the applicant Sandoz. During the hearing in Luxembourg on 3 March 2026, MARQUES was represented by Dr. Martin Viefhues and Jakub Słupski.

Opposition rejected

In this case, the opposition concerned the EUTM ARMUNIA, registered for contraceptives and the EUTM application ARYUNA, filed for tinctures for medical purposes and medicinal herbs.

The Opposition Division of the EUIPO had rejected the opposition on the grounds that there was no likelihood of confusion due to the differences between the conflicting trade marks. The Opposition Division had emphasised that the relevant public would be highly attentive as the goods affect their state of health.

Upon appeal, the Board of Appeal of EUIPO upheld the decision, likewise arguing, inter alia, that the goods in question are medicines and therefore attract an increased level of attention.

The opponent, Sandoz, filed an action with the EU General Court and pointed out that, to ensure patient safety, a different interpretation of the current case law must be applied. Assuming a high level of attention among consumers in the medical field would imply that a likelihood of confusion would often have to be denied. This, however, would not reflect reality as various documentations and studies show a high level of medication errors due to “sound-alike” confusion.

MARQUES intervention

Being asked by the opponent to intervene, MARQUES decided to have its Amicus Curiae Team participate in the case. As a rule, MARQUES intervenes in court actions only if a particular case raises a question of general importance for brand owners and if it can be assumed that the brand owners would have a common position on that question.

In this case, MARQUES identified an issue of general importance in the EUIPO’s unbalanced assessment, which focused on the level of attention of the relevant public while failing to take into account that the average consumer only rarely has the chance to make a direct comparison between different marks, and instead must rely on the imperfect recollection of them that he has kept in mind.

MARQUES took the position that the recollection becomes more imperfect as trade marks become more difficult to remember correctly. Pharmaceutical trade marks are often fanciful and complex, and therefore particularly hard to remember – as illustrated by a review of the trade mark register and the high rate of medication errors.

Against this background, the assumed (though not yet proven) high level of attention among consumers in the medical field needs to be balanced against the imperfect recollection of the earlier trade mark. A heightened level of attention offers little protection where the consumer does not realise that their recollection of the earlier trade mark is inaccurate.

At the same time, the level of attention as one of the factors playing a role in assessing similarity must be recognised as highly unstable and context-dependent: it’s different for particular situations (at home or in the drugstore, in a rush or in a calm setting), and even for particular individuals.

Therefore MARQUES argued that, if this factor is to be applied at all, the context in which the level of attention is being assessed must be clearly defined and related to the facts of the case at hand. The decision of the EUIPO Board of Appeal failed to properly anchor this assessment in the relevant context, and therefore its position that the level of attention of the relevant public is heightened was not sufficiently supported.

Decision awaited

The hearing lasted nearly two hours and resulted in an interesting discussion on legal points. The decision of the General Court is expected to be issued before the end of the year.

Thanks to Martin Viefhues for drafting this blog post and to Jakub Słupski for reviewing it. The photo shows a hearing at the General Court © European Union

This year’s World IP Day on Sunday April 26 will have the theme “IP and Sports: Ready, Set, Innovate”.

WIPO has created a dedicated page on its website with a social media kit, details of the Youth Video Competition, a series of articles and case studies, campaign resources, FAQs and a guide to sports and IP.

It states: “Cutting-edge equipment, team identities, broadcasts of unforgettable sporting moments and more: IP is key to protecting and promoting the inventions, designs, brands and stories that drive the world of sports, inspire athletes and unite fans everywhere.”

If any MARQUES members are hosting events or launching publications related to World IP Day, please let us know by clicking on “Post a Comment” below!

IP-backed financing could mobilise between €30 billion and €120 billion in new financing every year, according to a new report published by EUIPO.

This equates to between 150 billion and €580 billion in financing over 10 years, with a potential cumulative impact on EU GDP of between €70 billion and €750 billion (0.4% to 4.2% of EU GDP).

Five priority areas

The report says that addressing the IP-backed finance cycle requires coordinated action across five priority areas: make IP visible, assign credible value to IP, leverage IP value for lending, build the evidence base, and reinforce coordination among the various actors.

Measures that it proposes to improve access to bank financing, strengthen IP valuation and expand financing options include:

• Businesses should develop a strong IP portfolio and enhance their IP management and business planning capabilities before seeking financing.
• IP valuation needs to be reinforced so that IP can be assessed more accurately and with greater confidence by financial institutions. 
• The entire IP financing journey should be taken into account to build a more coherent, effective and scalable financing ecosystem.

The report finds that while the EU excels in research, entrepreneurial talent and generating innovative ideas, it lags behind in commercialising them.

In particular, IP rights have become central to the value of innovative firms, but remain largely underused as a source of financing.

According to the report, the EU-US GDP gap expanded from 17% in 2002 to 30% in 2022 and only four of the world’s top 50 technology companies are European. Between 2016 and 2025, Europe consistently saw more founders’ start-ups than the US, but the constraint was the ability to finance commercialization and scale-up.

Unlocking capital 

“Given that intellectual property assets now account for a growing share of corporate value, it is imperative to ensure an appropriate financial environment for the business sector, particularly for innovative SMEs, start-ups and scale-ups, so that they can bring their ideas and IP assets to market”, said EUIPO Executive Director João Negrão in a statement.

Nathalie Berger, Director for Competitiveness Coordination at the European Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SME, added: “Policy momentum is now building: initiatives such as the Competitiveness Compass, the post-Draghi agenda and the future European Competitiveness Fund all call for mechanisms to unlock capital for technology-driven companies. Europe must ensure its financial system better recognises the latent potential in IP assets and IP-backed finance can play a decisive role in this endeavour.”

You can find the full report, executive summary, country fiches, press release, Q&A and infographics on EUIPO’s website here.

There is still time to register for the 6^th IP Case Law Conference hosted by the EUIPO Boards of Appeal on 21 and 22 May this year.

The Conference, EUIPO’s flagship legal event, will be held in hybrid format at EUIPO in Alicante, Spain and online. The theme is ‘Growing through change’ and it will focus on trade mark, design, copyright and domain name jurisprudence.

This biennial conference is a forum for IP practitioners, judges, decision-makers, academics and in-house counsel to gain practical and strategic insights into European IP law.

The 2026 edition will bring together:

• Judges of the Court of Justice of the EU and the General Court
• Representatives of IP offices, including TM5 partners from China, Japan, Korea, and the US
• Leading practitioners, in-house counsel, and academics

Programme highlights include:

• Joint session on emerging EU trade mark case law (genuine use, distinctiveness, globalisation of signs)
• Session on designs post-EU law reform
• Practical insights on proof of use, evidential requirements, and territorial scope
• Comparative panel on iconic and reputed marks with Europe, Asia, and North America perspectives
• Judicial session on further appeals to the Court of Justice
• Fireside chat on AI in IP law and decision-making
• Sessions on registration vs. infringement, names, geographical indications, and other IP rights

A number of MARQUES members will be taking part in the Conference, including Chair of the MARQUES Council Claudia Pappas, who will speak in the session ‘Fireside chat on AI in IP law and decision-making’.

You can register via the conference website here: 6th IP Case Law Conference. The registration fee is €150.

The European Union trade mark (EUTM), formerly known as the Community trade mark (CTM), marks its 30^th anniversary today, 1 April 2026.

According to EUIPO, more than 3.2 million applications have been filed since the EUTM was launched.

In 1996, EUIPO received 43,229 applications. In 2025, the number of annual filings was 196,956.

The system reached 1 million applications in 2011, 2 million in 2019 and 3 million in 2024.

Of all filings, 56.8% are word marks and 42.6% are figurative marks. Other types of marks account for less than 1% of applications.

More statistics are available on this page on the EUIPO website.

MARQUES congratulates EUIPO, its leadership and staff on this anniversary.

MARQUES has played a key role in the development of the EUTM from its planning and creation onwards and has had permanent observer status on the EUIPO Management Board since 2008 and the Budget Committee since 2010.

Today, the MARQUES European Trade Mark Law and Practice Team takes part in many meetings and consultations with EUIPO, including user Group meetings and Virtual Communities to develop Common Practices.

Other MARQUES Teams, such as the Designs Team and the GI Team, also contribute significantly to the work of EUIPO in their respective areas.

MARQUES owns three EUTMs: one for the logo in colour, one for the logo in black and white and one for HOUSE MARQUES, the title of the MARQUES newsletter.

Image from EUIPO website