The 2026 round of ICANN’s New gTLD Program is finally here—and with it, the long‑awaited opportunity for organizations to secure their own .BRAND top‑level domain. But for companies that share a brand string with competing trademark holders, two questions loom large:

Should we apply for the .BRAND TLD if another legitimate trademark owner exists? And what happens if they don’t apply?

Over the last few months, this has probably been one of the most frequently asked questions I’ve received. For that reason, this article breaks down the strategic landscape, the risks, the advantages, and the likely objection outcomes. The goal: to help brand owners make an informed decision before the application window opens on April 30, 2026.

Why is the 2026 round different?

In Round 1 in 2012, a .BRAND didn’t exist as a specified type of new gTLD. The newly updated 2026 Applicant Guidebook (AGB) changes that, formally and explicitly recognizing .BRAND TLDs for the first time—something brand owners have long been asking for.

Now, applicants can clearly designate their TLD as a .BRAND and must support that designation with Trademark Clearinghouse (TMCH) validation. This, combined with Specification 13 rules, gives .BRAND owners a predictable and structured path through the ICANN process.

What happens if you apply and your competitor doesn’t?

This scenario is more common than you might think, especially across industries where trademarks coexist (e.g., regional rights, class‑based distinctions, or unrelated sectors). Here’s what happens:

1. There’s no contention. Contention only occurs when multiple companies apply for the same string. If you’re the only applicant for a .BRAND, you can proceed uncontested.
2. Your competitor keeps its trademark—but loses the TLD opportunity. Trademark rights don’t disappear. But your competitor can’t secure the .BRAND TLD in this round if they don’t apply.
3. You move through evaluation without string competitors. The absence of competing applicants dramatically lowers risk, cost, and complexity.

Could your competitor file a legal rights objection (LRO)?

Yes. Even if they don’t apply, your competitor can file an LRO arguing that delegating the TLD infringes their trademark rights. However, history is on your side. Previous LRO outcomes tell a clear story:

• In the 2012 round, WIPO handled 69 LROs
• Panels rejected most objections when both parties held legitimate trademark rights
• Objections succeeded mainly when the applicant lacked bona fide rights or acted in bad faith

Translation—if you have legitimate trademark rights and a valid TMCH SMD file, your competitor is unlikely to win an LRO against you.

What LRO panels look at

WIPO evaluates objections holistically, focusing on:

• The strength of each party’s trademark rights
• Legitimate use and intent
• Potential consumer confusion
• Evidence of bad faith
• Whether the objector’s rights would be materially impaired

In cases where both parties hold legitimate trademarks, panels usually don’t find meaningful impairment and allow the application to proceed.

Why applying may be strategically advantageous

Aside from the low risk of losing an LRO, applying for a .BRAND TLD offers many long‑term benefits.

The first‑mover advantage

We don’t know when the next ICANN round will take place. The gap between 2012 and 2026 was 14 years. If you don’t apply now, you may have to wait a decade or more for another chance.

Exclusive control under Specification 13

Owning your .BRAND TLD gives you:

• Full control over domain registrations
• Stronger cybersecurity protections
• A unified global digital identity

Enhanced consumer trust

The updated AGB places stronger emphasis on DNS abuse safeguards, public interest commitments, and registry continuity, boosting trust in .BRAND ecosystems.

What happens if you decide not to apply?

Choosing not to apply introduces several risks:

1. Your competitor can secure the TLD uncontested

ICANN has no mechanism to protect your interests unless you file an LRO. Historically, LRO success is low when both parties have legitimate rights.

2. You may lose digital territory for years

With no predictable schedule for future rounds, inaction might lock you out of the .BRAND space indefinitely.

3. You risk long‑term brand disadvantage

A competitor‑controlled .BRAND can:

• Shift consumer perceptions
• Create digital brand confusion
• Limit your ability to enforce your trademark
• Impact brand integrity across markets

How to decide: a simple framework

You should strongly consider applying if:

• You hold legitimate trademark rights
• You see any risk of competitor activity
• You want stronger brand security and coherence

You might want to defer applying if:

• Your brand has a limited digital footprint
• Trademark conflicts are unusually high risk
• You lack the financial resources to operate a registry

However, even in these rare cases, not applying still exposes you to long‑term competitive harm.

The verdict

For trademark holders who share a brand string, the strategic answer is clear. If you have legitimate trademark rights and anticipate any competitive or market impact, applying for your .BRAND TLD in 2026 will put you in the strongest legal and strategic position.

In contrast, inaction will create higher long‑term risk—especially if competitors act while you stand still.