Pursuant to the decision of the Information and Communication Technologies Authority dated 15.08.2023, the allocation of “.tr” domain names without extensions such as “.com”, “.org”, “.gov”, and “.edu” has commenced (for example, patentpark.tr instead of patentpark.com.tr).
The allocation process is carried out in four stages.
In the first category, “.tr” domain names were allocated by authorized registrars to public institutions and organizations holding domain name extensions such as “gov.tr”, “edu.tr”, “tsk.tr”, “pol.tr”, “bel.tr”, and “k12.tr”, based on hierarchical order. The procedures for this category have been completed.
In the second category, allocation procedures were completed by registrars for professional organizations with public institution status holding “org.tr” domain names, associations operating for public benefit, tax-exempt foundations, and workers’ and employers’ professional organizations.
In the third category, “.tr” domain names will be allocated to all real and legal persons holding domain names such as “com.tr”, “net.tr”, and “gen.tr” that are not included in the first two categories. The process was planned as a three-month pre-application period followed by a one-month allocation completion period.
The third category allocation process started on 14 February 2024. Those holding domain names such as “com.tr”, “net.tr”, and “gen.tr” were required to submit a pre-application between 14 February and 14 May 2024 in order to obtain the corresponding “.tr” domain name. Even if persons without such extensions submitted applications, allocation priority was granted to existing domain name holders. Between 14 May 2024, when the three-month pre-application process ended, and 14 June 2024, applications were reviewed and “.tr” domain name allocations were completed.
One of the critical issues during this process concerns cases where extensions such as “com.tr”, “net.tr”, and “gen.tr” of the same name belong to different parties. According to the regulation, priority appears to be granted to holders of the “.com.tr” extension. For example, if patentpark.com.tr and patentpark.gen.tr belong to different parties, the domain name patentpark.tr will be allocated to the holder of patentpark.com.tr.
As of 14 June 2024, “.tr” domain names could be allocated to anyone on a “first come, first served” basis without any additional conditions.
As of 14 June 2024, the only reason why a holder of a “.com.tr” domain name may fail to obtain the corresponding “.tr” domain name would be if the relevant name or trademark is identical to that of institutions and organizations granted priority under the first and second categories. For example, if the holder of istanbul.com.tr was not allocated istanbul.tr, this would likely result from the fact that the domain name istanbul.tr had already been allocated and activated during the first category allocation process for the Istanbul Governorship, which owns istanbul.gov.tr.
Although the allocation procedures appear clear, there may still be cases where domain names are allocated to third parties even though trademark owners continue to use their registered trademarks for goods and/or services but had not previously secured the relevant domain names. Especially after 14 June 2024, when allocations began under the “first come, first served” principle, disputes may arise between persons claiming entitlement to a domain name and those to whom the domain name has actually been allocated.
In order to resolve such disputes, applications must be submitted to the Dispute Resolution Service Providers (DRSPs) established pursuant to the “Communiqué on Internet Domain Name Dispute Resolution Mechanism” published in the Official Gazette numbered 28742 dated 21.08.2013 (the relevant communiqué was revised by the communiqué published in the 2nd Repeated Official Gazette numbered 31705 dated 30.12.2021). Currently, the Information Technologies and Internet Security Association (BTİDER) and TOBB UYUM Mediation and Dispute Resolution Center serve as authorized Dispute Resolution Service Providers.
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