On September 14, 2022, TRABIS (".tr" Network Information System) was launched, taking over the management of domain names with “.tr” extension, introducing numerous changes in the ".tr" domain name landscape.

First come, first served

Firstly, as of September 14, 2022, the principle of 'first come, first served' has become effective for domain name allocations without documentation.

Additionally, following the launch of TRABIS, domain subcategories such as “. com.tr", ".net.tr", and “. org.tr", previously allocated with documentation, have now started to be allocated without documentation under the 'first come, first served' rule.

Dispute Resolution for Domain Names with .tr Extension

As it became possible to allocate domain names with “.tr” extension without documentation and with the principle of "first come, first served", there is a risk that bad-faith third parties may make domain name allocations for trademarks belonging to others. For this reason, it was necessary to introduce a time and cost-efficient mechanism for the resolution of disputes that may arise in respect of these domain names.

Following the launch of TRABIS, alternative dispute resolution procedures for domain name disputes have started to be carried out by Dispute Resolution Service Providers ("DRSP"). In this regard, there are now two DRSP in Türkiye that are authorized to resolve disputes regarding domain names with the “.tr” extension:

TOBB UYUM ARABULUCULUK VE UYUȘMAZLIK ÇÖZÜM MERKEZİ

BİLGİ TEKNOLOJİLERİ VE İNTERNET GÜVENLİĞİ DERNEĞİ

Accordingly, DRSP may, through their arbitrators or panel of arbitrators, decide on the cancellation of domain names, the transfer of domain names to the complainant or the rejection of the complainant's request. It should be emphasised here that in order to apply to the DRSP, the relevant domain name must have been allocated or renewed after 14 September 2022.

In this context, the following three conditions must cumulatively coexist in order for the relevant complaint to be accepted and the cancellation or transfer of the disputed domain name to be decided:

the disputed domain name is similar or identical to a trademark, trade name, business name or other identifying mark owned or used in trade; and

the party allocating the domain name must not have any legal right or connection with the domain name; and

the domain name should be allocated or used in bad faith by the domain name owner.

The Allocation of Domain Names in the "a.tr" Structure is Now Possible

Another important development in terms of domain names with ".tr" extension is the introduction of domain names with "a.tr" structure. In this regard, with the decision (“Decision”) of the Information and Communication Technologies Board (“Board”) dated 15.08.2023 and numbered 2023/İK-BTD/24, the allocation of domain names in the "a.tr" structure has become possible.

With the "Procedures and Principles for the Registration of Domain Names with the 'a.tr' Structure" (“Procedures and Principles”) approved under the Decision, the framework for the allocation process of domain names with the "a.tr" structure has been determined.

The Priority Period for the Allocation of Domain Names in the “a.tr” Structure

Within the scope of the Procedures and Principles, which entered into force on 14 September 2023, a priority system has been introduced for the allocation of domain names in the "a.tr" structure.

According to this priority system, owners of domain names with the ".tr" extension will be given priority to allocate domain names with the "a.tr" structure. After the allocations to be made within the scope of the priority process, the "first come, first served" rule will be applied for the allocation of available “a.tr” domain names. In this regard, three categories have been determined in terms of the domain names within the scope of the priority process, which are prioritised against each other.

In this context, the priority period for the first and second category has already expired.

Thus, as of 14 February 2024, the priority application process started for the owners of domain names in the third category for the allocation of the versions of these domain names in the "a.tr" structure.

Priority applications for the third category will continue until 14 May 2024. Between 14 May 2024 and 14 June 2024, evaluations will be made for the applications and allocation procedures will be carried out.

Since the "first come, first served" principle will be applied for the allocation of domain names in the a.tr structure after the expiry of the priority period, there is a risk that the domain names with ".tr" extension will be allocated in the "a.tr" structure by bad-faith third parties when this rule starts to be applied. In order to prevent third party domain name allocations that might be filed in bad faith, it is crucial for stakeholders to apply for the "a.tr" versions of their domain names with ".tr" extension in the structure listed above in third category within the priority period.

Furthermore, as the "first come, first served" rule will be applied as of 14 June 2024, it is important for companies and individuals who do not have a domain name with the ".tr" extension, i.e. who cannot benefit from the priority process, to allocate domain names in the "a.tr" structure containing their trademarks as soon as possible after this date.

As a final note, since the domain names in the "a.tr" structure also have the ".tr" extension, it will be possible to apply to the DRSP for disputes arising in respect of these domain names.