We are pleased to report the .pro domain is now scheduled to open for live registrations on June 1, 2004. The live launch for this domain name was previously postponed to accommodate a transfer of registry services and to add second-level domain features to the .pro domain. As a follow-up to our prior notices regarding this latest generic top-level domain name (“gTLD”) to be added to the Internet’s Domain Name System (DNS), we are providing this update containing an overview of the .pro domain, along with new information relating to second-level .pro domain name registrations.
.Pro Is…
The .pro domain name is the only gTLD reserved exclusively for certified professionals and professional companies and associations. Initially, the .pro registry, RegistryPro, Inc. (“RegistryPro”), will make .pro domain names available to professionals in the United States working in the legal, medical and accounting fields. Domain names with a .pro extension will have two components – a standard web address and a professional level digital certificate that facilitates secure online communications and transactions. Prior to the issuance of a .pro domain name and digital certificate, a validation process will be used to cross-verify each registrant’s self-certified identity and professional information.
The .Pro Difference
The primary differences presented by the .pro domain name are enhanced security and ease of online identity for professionals. The .pro gTLD is developed for professional individuals and organizations desiring to both establish a distinct online presence and conduct business over the Internet. Obviously, professional online communications and transactions must be secure. The professional digital certificates provided with every .pro domain name will assist professionals, who face heightened security and privacy obligations, in providing information and services over the Internet.
A digital certificate helps protect information and documents transferred over the Internet by providing (1) authentication of source and identity; (2) enhanced confidentiality and privacy; (3) content integrity; and (4) non-repudiation, or proof a document or communication was sent. The versatile uses of a digital certificate present many possible applications for professionals who conduct business over the Internet, and also need to comply with ethical standards and recently-passed privacy laws such as the Health Insurance Portability and Accountability Act of 1996 (HIPPA), the Gramm-Leach-Bliley Act, and the Sarbanes-Oxley Act.
The .pro domain is also intended to provide, in essence, a directory that will help online users locate individuals and businesses in a particular profession. Further, the .pro extension will indicate to others that the registrant either is a certified professional in good standing or employs such an individual.
Thus, the .pro domain name is designed to provide professionals with an online security solution that will enable confidential communications and transactions in the provision of their services to others, as well as signify to others that the company or professional’s credentials have been verified.
The .Pro Standards
The .pro domain is only available to professionals holding valid medical, legal and accounting licenses in the United States. Compliance with the .pro eligibility criteria requires the registrant of a .pro domain name be either:
- An individual with a current and valid license, as (i) an accountant; (ii) a doctor; or (iii) a lawyer, from an appropriate governing body; or
- An entity or organization that provides legal, medical or accountancy services, and that has employees who meet the requirements of (a) above and register on behalf of the entity or organization.
Personal and professional information about an applicant must be provided to demonstrate compliance with the requirements. Furthermore, these requirements for eligibility are continuing and must be satisfied throughout the period of time when the particular .pro domain name is registered. Moreover, a registrant’s eligibility for .pro domain name registration will be re-verified at least annually.
The .Pro Procedures
Initially, each .pro domain name will have a major profession-specific third-level sub-domain as follows:
".law.pro"
".cpa.pro"
".med.pro"
Applicants will be required to request .pro domain names in the profession-specific domain that relates to the particular professional services they provide. Beginning July 12, 2004, however, .pro domain names will be available for registration at the third level or the second level, and in some cases as both where a second-level registration is redirected to a corresponding third level domain name.
Second-level .pro domain names will work differently depending on whether the applicant is (1) registering a .pro domain name in only one profession-specific domain or (2) registering multiple profession-specific .pro domains with the same name. Individuals and entities satisfying the eligibility requirements for a .pro domain name in a single profession-specific domain can elect to either obtain only a third-level registration or also seek an equivalent second-level registration that will be redirected to the corresponding third-level domain. Alternatively, applicants registering more than one third-level profession-specific domain using the same domain name can elect to register instead a second-level registration, which will resolve and function exactly as a third-level registration.
All .pro domain name registrations will be allocated to licensed professionals on a first-come, first-served basis. As a condition to registration, applicants will be asked to self-certify their professional status and demonstrate that they meet the .pro eligibility requirements by providing identity and licensure information. The self-certified information is then reviewed and cross-referenced against appropriate licensing or accreditation databases. Upon verification of eligibility, each registrant receives a .pro domain name and an associated professional level digital certificate that will enable enhanced security through features such as encrypted e-mail and digital signatures. Given this two-step validation process for authenticating and verifying applicant data, .pro registrations are not real-time registrations.
.Pro registrations are effective for at least a one-year period which is renewable. The fees for .pro domain name registrations vary by registrar, ranging from $225 to over $300 per year.
The .Pro Defensive Registrations
When the live registration period begins, .pro domain name registrations will only be available to professionals of the medical, legal and accounting fields licensed in the United States. However, in addition to accepting live registrations, RegistryPro will also begin allowing .ProReserve registrations. A .ProReserve registration allows professional individuals and entities located outside the United States to reserve a .pro domain name for use when the .pro domain space becomes available in their country. These registrations will not resolve on the .pro domain name server. The initial registration term of .ProReserve registrations is four years.
RegistryPro will also start accepting Intellectual Property Defensive Registrations (“IP Defensive Registrations”) again once the live launch is initiated. The purpose of IP Defensive Registrations is to prevent third parties from registering a .pro domain name that exactly matches a currently registered trademark or service mark having national effect. These registrations do not resolve to a live website, but merely block matching domain names. However, a registrant my opt to convert an IP Defensive Registration into a live registration. RegistryPro offers two types of IP Defensive Registrations which are available on a worldwide basis for four-year terms:
- .ProBlock Defensive Name Registrations – The .ProBlock product permits trademark and service mark owners to block a .pro domain name registration that exactly matches a subject mark in any profession-specific domain, including profession-specific strings RegistryPro may add in the future.
- .ProGuard Defensive Name Registrations – The .ProGuard registration blocks exact marks in only one individual profession-specific domain.
The .Pro Challenges
There will be three types of challenges third parties may potentially assert against a .pro domain name registrant. First, a .pro registrant’s professional qualifications and eligibility to register a .pro domain name may be challenged under RegistryPro’s Qualification Challenge Policy (“QCP”). .Pro registrations can be challenged under the QCP on three grounds: (i) the registrant was ineligible for a .Pro domain name at the time of the registration; (ii) the registrant has provided insufficient evidence of compliance with the eligibility requirements; or (iii) since registration, the registrant has violated the .pro eligibility restrictions, for example, the registrant’s license is no longer in good standing.
In addition, a .pro domain name registration can be challenged on the ground that the registration violates the Uniform Domain Name Dispute Resolution Policy (“UDRP”). Under the UDRP, a registration can be challenged if: (i) the domain name registration is identical or confusingly similar to a trademark or service mark in which the challenger has rights; (ii) the owner of a .pro registration has no rights or legitimate interests in respect of the domain name; and (iii) the domain name registration is being used in bad faith.
Finally, there is an Intellectual Property Defensive Registration Challenge Policy (“IPDRCP”) for challenging a .pro IP Defensive Registration on the bases that: (i) at the time of the registration, the registrant had no current (non-expired) trademark or service mark registration on which the IP Defensive Registration was based; (ii) the IP Defensive Registration is not identical to the textual or word elements of the trademark or service mark registration on which the registration is based; or (iii) the trademark or service mark registration on which the IP Defensive Registration is based is not of national effect.
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Dorsey & Whitney's trademark group would be pleased to assist you in submitting .pro domain name applications. Please contact any of the Dorsey & Whitney attorneys listed below for further information:
Contact us
Travis Bachman, MinneapolisKatina Banks, Denver
Dana Brody-Brown, Palo Alto
Elizabeth Buckingham, Minneapolis
Ian Craig, London
Lile Deinard, New York
Sandra Edelman, New York
Steven Fang, New York
Frank Hiscox, Palo AltoAlexandra Horne, Palo Alto
Michael Kroll, Minneapolis
Brian Laurenzo, Des Moines
James Leong, Palo Alto
Diane Mason, San Francisco
Paul Mussell, Minneapolis
Jamie Nafziger, Minneapolis
Lisa Osman, Denver
Eric Priest, Minneapolis
Johanna Sistek, Palo Alto
Jason Rhodes, Seattle
Sarah Robertson, New York