.ubs New gTLD Application
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New gTLD Application Submitted to ICANN by: UBS AG
Application Downloaded On: 25 Aug 2014
String: ubs
Application ID: 1-1942-41146
Applicant Information
- Full legal name
UBS AG
- Address of the principal place of business
Bahnhofstrasse 45 Zurich - 8098 CH
- Phone number
+41 442341111
- Fax number
+41 442399111
- If applicable, website or URL
http://www.ubs.com
Primary Contact
6(a). Name
Patrick Jennings
6(b). Title
Attorney
6(c). Address
6(d). Phone Number
202 663 8918
6(e). Fax Number
202 663 8007
6(f). Email Address
Secondary Contact
7(a). Name
Richard Pakenham-Walsh
7(b). Title
Legal Counsel / Executive Director
7(c). Address
7(d). Phone Number
+44 20 7568 7648
7(e). Fax Number
+44 20 7568 7168
7(f). Email Address
Proof of Legal Establishment
8(a). Legal form of the Applicant
Corporation
8(b). State the specific national or other jurisdiction that defines the type of entity identified in 8(a).
Switzerland
8(c). Attach evidence of the applicant's establishment.
Attachments are not displayed on this form.
9(a). If applying company is publicly traded, provide the exchange and symbol.
SIX_Swiss_Exchange / UBSN:VTX
9(b). If the applying entity is a subsidiary, provide the parent company.
9(c). If the applying entity is a joint venture, list all joint venture partners.
Applicant Background
11(a). Name(s) and position(s) of all directors
Name
Position
Ann Frances Godbehere Director
Axel Alfred Weber A. Director
Axel Peter Lehmann Director
Beatrice Weder di Mauro Director
Chi Kwong Joseph Yam Director
David Hugh Sidwell Director
Helmut Günter Wilhelm Panke Director
Isabelle Romy Director
Michel Demaré Director
Reto Francioni Director
William Gregory Parrett Director
11(b). Name(s) and position(s) of all officers and partners
11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares
11(d). For an applying entity that does not have directors, officers, partners, or shareholders: Name(s) and position(s) of all individuals having legal or executive responsibility
Applied-for gTLD string
- Provide the applied-for gTLD string. If an IDN, provide the U-label.
ubs
14A. If applying for an IDN, provide the A-label (beginning with "xn--").
14B. If an IDN, provide the meaning, or restatement of the string in English, that is, a description of the literal meaning of the string in the opinion of the applicant.
14C1. If an IDN, provide the language of the label (in English).
14C2. If an IDN, provide the language of the label (as referenced by ISO-639-1).
14D1. If an IDN, provide the script of the label (in English).
14D2. If an IDN, provide the script of the label (as referenced by ISO 15924).
14E. If an IDN, list all code points contained in the U-label according to Unicode form.
15A. If an IDN, upload IDN tables for the proposed registry. An IDN table must include:
the applied-for gTLD string relevant to the tables,
the script or language designator (as defined in BCP 47),
table version number,
effective date (DD Month YYYY), and
contact name, email address, and phone number.
Submission of IDN tables in a standards-based format is encouraged.
15B. Describe the process used for development of the IDN tables submitted, including consultations and sources used.
15C. List any variants to the applied-for gTLD string according to the relevant IDN tables.
- Describe the applicant's efforts to ensure that there are no known operational or rendering problems concerning the applied-for gTLD string. If such issues are known, describe steps that will be taken to mitigate these issues in software and other applications.
The .ubs string and A-Label were developed in line with and checked against the eligibility, stability and policy criteria as stated in the ICANN Applicant Guidebook - version 2012-01-11. The results of those checks are as follows:
- The string has less than 63 characters;
- The string in ASCII is composed of three or more visually distinct characters;
- The ASCII label consists entirely of letters;
- The string is not a reserved name as shown in section 2.2.1.2.1 - Reserved Names of the ICANN Applicant Guidebook - version 2012-01-11; and
- .ubs is not identical or similar to any of the top 10 invalid TLD’s responsible for the majority of DNS pollution, as referenced in the Security and Stability Advisory Committee (SSAC)’s report on this topic at http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄sac045.pdf. It is likely that the .ubs has not already been queried with meaningful frequency at the root. Therefore, it is unlikely that .ubs will inherit significant invalid query traffic.
Due to the positive results of these checks, UBS AG does not believe that the .ubs gTLD will be subject to any operational or rendering problems.
- OPTIONAL.
Provide a representation of the label according to the International Phonetic Alphabet (http://www.langsci.ucl.ac.uk/ipa/).
18A. Describe the mission/purpose of your proposed gTLD.
THE MISSION AND PURPOSE OF THE NEW RESTRICTED .UBS gTLD IS TO BENEFIT INTERNET USERS BY ENSURING INCREASED TRUST AND CONFIDENCE THROUGH THE ELIMINATION OF USER CONFUSION AND ASSURANCE OF BRAND AUTHENTICITY.
The new .ubs gTLD will operate as a restricted registry, in which UBS AG (UBS) can create and control domain spaces that promote its UBS brand identity and authenticity. In this regard, the .ubs gTLD will be provide an authoritative internet space for UBS and its affiliates to provide information, services and resources to consumers in a way that promotes trust, convenience and utility. Second and third level domains can then be utilised for brand development purposes, with internet users assured of brand authenticity.
Headquartered in Zurich and Basel in Switzerland, UBS is a global firm providing financial services to private, corporate and institutional clients worldwide as well as retail clients in Switzerland. UBS’s business strategy is centred on its pre-eminent global wealth management businesses and its universal bank in Switzerland. UBS combines its client-focused Investment Banking, strong and well-diversified Global Asset Management business and premier Wealth Management franchise with its Swiss operations to deliver superior financial solutions. UBS comprises of the Corporate Center and 4 business divisions – Wealth Management & Swiss Bank, Wealth Management Americas, Global Asset Management and the Investment Bank. UBS is listed on the New York Stock Exchange and employs over 65,000 people in its offices across approximately 60 countries such as Switzerland, UK, US, Hong Kong and all major financial centres. UBS was formed from a merger between Union Bank of Switzerland and Swiss Bank of Corporation in 1998. At the time of the merger, both banks were already well-established and successful in their own right. UBS, an abbreviation of Union Bank of Switzerland, has origins dating from 1862. Today, UBS is an established firm with a pivotal role in the development and growth of Swiss banking traditions. In this regard, consumer trust and continuous innovation are paramount considerations in all of UBS’s activities.
Since the inception of the current domain name system, business activities conducted on the internet are constantly changing and evolving with increased complexity. The volume of commercial transactions over the internet is constantly growing and bringing benefits of simplicity and lowered transaction costs to businesses and consumers. However, at the same time, criminal activities over the internet including data breach, hacking and phishing activities have also become more sophisticated resulting in loss of consumer confidence beyond mere monetary harm. The .ubs gTLD will facilitate greater trust and assurance from internet users connecting with UBS online, whilst still allowing convenient and efficient interaction.
UBS’s mission and purpose of the proposed new gTLD share ICANN’s initiatives to promote public interest. UBS is committed to contribute towards achieving such initiatives in line with ICANN’s Affirmation of Commitments, which includes:
- consumer trust: the .ubs gTLD registry will be operated in a centralised manner with a restrictive registration policy. Registration of domain names will only be available to UBS and its affiliate entities, at this stage, which will provide added consumer trust that .ubs domain names are trustworthy. As .ubs domain names are subject to registration standards, policies and procedures under UBS’s control, this eliminates the possibility of malicious conduct within the .ubs domain space;
- competition: the proposed new gTLD is not intended to instigate competition and consumer choice at the level of registration of domain names among prospective registrants. Instead it is anticipated to contribute to ICANN’s initiatives to promote public interest through its operation focused on promoting consumer trust. Increased trust in the .ubs gTLD will drive existing and new top level domain (TLD) registry operators to make improvements in mechanisms to improve consumer trust of their TLDs; and
- consumer choice: the proposed new gTLD will enable user-driven improvements and innovations assisting UBS’s marketing efforts through its ability to create new second and third level domain names on demand. These names will provide the consumers with more choices for interacting with UBS. As UBS has effective control over the registration and use of domain names under the .ubs domain space, this will also contribute towards general service innovations on the internet.
Given the restricted nature of the .ubs gTLD, the projected number of registration is likely to be limited. It is anticipated that a limited number of 15 domain names will be registered in the first year. However, over the next few years, the number of registrations is likely to increase to about 50 domain names as UBS develops and implements new services and marketing campaigns such as creating product and service related domain names in the second or third level.
As the new .ubs gTLD expands and evolves, UBS will continue to comply with all operational, technical and policy requirements, as well as maintaining consumer trust and the stability of the internet. UBS will keep ICANN reasonably informed of any material developments relating to the .ubs gTLD including compliance with the continued operations instrument obligations as set out in Specification 8 of the Registry Agreement.
At this stage, UBS does not intend to use geographic names and Internationalized Domain Names (IDNs) at the second level. However, as the use of the .ubs gTLD evolves, UBS may consider utilising geographic names and⁄or IDNs within the .ubs domain space at a later stage. The use of geographic names and⁄or IDNs is intended to:
- allow internet users to engage with .ubs in their native language, creating a more positive user experience and encouraging diversity;
- connect internet users with relevant information as applicable to the territory; and
- comply with required rules and regulations in the national territory.
The use of geographic names will be in accordance with the registration policy and the proposed measures for protection of geographic names as outlined in response to Question 22.
UBS is a well-established global brand with its “UBS” trademark registered in about 140 countries and territories including UK, US and Switzerland for the following classes: Consultancy services such as market research and other services for third parties (35) and Financial services (36).
Further, UBS has an extensive domain name portfolio with over 150 existing domain names with an exact match to the applied-for .ubs string and its “UBS” trademark in spaces such as ubs.biz, ubs.info, ubs.asia, ubs.com, ubs.us, ubs.cn and ubs.hk. UBS also holds over 800 existing domain names containing the .ubs gTLD in spaces including ubsfinancialservices.info and ubsinvestmentbank.jp. Recently, UBS was successful in securing the ubs.co domain name registration during the sunrise phase for the .co domain space based on UBS’ existing trademark registrations.
UBS believes that the .ubs gTLD is unlikely to cause confusion with either a generic term or any existing TLDs. UBS trademarks are a leading global brand with significant worldwide reputation particularly in the banking industry. UBS has used the “UBS” term in conjunction with its financial, investment and wealth management businesses since 1912 when its predecessor, Union Bank of Switzerland, was formed through the merger of two former banks. As such, the UBS brand has deep historical roots in the banking industry.
18B. How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?
18(B)I. WHAT IS THE GOAL OF YOUR PROPOSED gTLD IN TERMS OF AREAS OF SPECIALTY, SERVICE LEVELS OR REPUTATION?
The key goals of the proposed new .ubs gTLD are in line with ICANN’s Affirmation of Commitments: to promote consumer trust, competition and consumer choice. UBS also seeks to foster its online reputation as a bank and provide an authoritative internet space through which UBS is able to communicate with its customers securely, directly and effectively. The ability to create domain names on demand related to specific marketing, specialty service and product development supports these goals. Strengthened security measures, service levels and more effective functionality will provide a trusted and positive user experience.
18(B)II. WHAT DO YOU ANTICIPATE YOUR PROPOSED gTLD WILL ADD TO THE CURRENT SPACE, IN TERMS OF COMPETITION, DIFFERENTIATION, OR INNOVATION?
It is anticipated that the proposed .ubs gTLD will make positive contributions to the wider internet community by providing:
DIFFERENTIATION (INCREASED TRUST):
The .ubs gTLD will simplify how internet users interact with UBS by providing a distinctive domain space. Internet users will be able to directly navigate to the .ubs gTLD site, saving time and resources searching for an official site. The .ubs gTLD will provide simple and secure access for UBS’s clients, prospective clients and stakeholders to information about UBS and its products and services. The current domain name system has shown that it is vulnerable to malicious abuses due to registration of domain names which seek to exploit consumer confusion. UBS can address some of these vulnerabilities by maintaining complete control over the domain names registered under the .ubs domain space. With the proposed .ubs gTLD, internet users can be assured that the information provided under UBS’s websites are genuine and that its internet banking services are secure and safe to use. Together with consumer trust, internet users will be able to rely on the authoritativeness of the domain names under the .ubs domain space, which will differentiate interaction between internet users and UBS.
COMPETITION:
The differentiation of the .ubs gTLD as a trusted site for UBS will drive existing and new TLD registry operators to make improvements in mechanisms to improve consumer trust of their TLDs. Internet users will be encouraged to interact with domain names under the .ubs domain space. As a result, .ubs will have a flow on effect to enable increased competition. Therefore, the benefits of the proposed .ubs gTLD will be distributed not only to its direct customers, but to the internet community at large forcing improved services and competitive pricing in the market place.
INNOVATION:
With the expansion of the internet community to all corners of the world, the existing TLD structure presents limitations, not only in the availability of domain names for registrants, but also to businesses and organisations establishing a coherent global online brand presence to meet their evolving business needs. It is often difficult to register a domain name in the existing domain space due to unavailability of the desired name. This problem is amplified for organisations such as UBS who work across many different jurisdictions and geographical markets. Even when the desired domain name is available, it may come with a high price tag associated with a purchase of such desired name from a third party. The .ubs gTLD is a necessary asset for UBS to protect its strong and well-established brand from such infringers. With the proposed .ubs string, UBS will be able to develop its UBS brand with the ability to create second or third level domain names which are relevant to its customer base, services and products. UBS will have increased flexibility and control in the creation of more memorable marketing domain names under the .ubs domain space. UBS will be able to combine its use of the domain space with innovative user focused marketing and services to address the currently unmet needs in the existing domain name system providing greater consumer choice.
18(B)III. WHAT GOALS DOES YOUR PROPOSED gTLD HAVE IN TERMS OF USER EXPERIENCE?
The proposed .ubs gTLD will provide a positive user experience, which meets the changing and growing needs of the global internet community. UBS will maintain control in the registration and use of domain names and will ensure that the new gTLD will only be used for purposes authorised by UBS. Therefore, the .ubs gTLD will:
- provide an easy and intuitive reference and access point for internet users to information about UBS and its products and services;
- provide UBS with increased flexibility and control for creating memorable marketing domain names relevant to its products and services;
- represent authenticity thus promoting user confidence;
- direct internet users to relevant information in a timely manner by creating domain names on demand;
- allow the use of IDNs at a later stage to enable customer to interact directly in their native language;
- allow the use of geographic names at a later stage to localise its websites to connect with internet users in the relevant regions and to comply with local laws;
- enhance security and minimise security risks for UBS’s clients, prospective clients and stakeholders by implementing necessary technical and policy measures;
- strengthen brand reputation and user confidence for its internet banking services by eliminating user confusion; and
- prevent potential abuses in the registration process reducing overall costs to businesses and users.
The .ubs gTLD should address the concerns that the current domain name system is open to potential malicious abuse and user confusion in the registration processes. Although the current system allows an eligible party to lodge a claim through existing Uniform Domain Name Dispute Resolution Policy (UDRP) or other dispute resolution processes, the .ubs gTLD will reduce potential abuses in the registration processes and overall costs to internet users. User confidence in the domain name system will be strengthened, which will ultimately contribute towards promoting ICANN’s core values in benefiting the public interest.
18(B)IV. PROVIDE A COMPLETE DESCRIPTION OF THE APPLICANTʹS INTENDED REGISTRATION POLICIES IN SUPPORT OF THE GOALS LISTED ABOVE.
The proposed registration policy is attached in response to Question 28.
Only affiliate entities of UBS will be eligible to register domain names in .ubs at this stage. The domain name registration processes will address the requirements mandated by ICANN, including rights abuse prevention measures.
18(B)V. WILL YOUR PROPOSED gTLD IMPOSE ANY MEASURES FOR PROTECTING THE PRIVACY OR CONFIDENTIAL INFORMATION OF REGISTRANTS OR USERS? IF SO, PLEASE DESCRIBE ANY SUCH MEASURES.
UBS is committed to protection of privacy and confidential information in accordance with its objective of increasing consumer trust and providing a safe and legitimate internet space for internet users. Privacy and confidential information will be protected in accordance with all applicable laws and regulations relating to internet security, privacy and user’s confidential information including the Data Protection Act 1998 (UK) and the Federal Data Protection Act 1990 (Germany).
Privacy is of fundamental concern to UBS’s customers as such UBS has a strong interest in ensuring a high level of privacy protection for its customers. As one of the world’s largest financial services organisations, UBS has implemented its own privacy statement to demonstrate its commitment to the protection of user privacy and confidential information. UBS’s privacy statement covers the following areas –
- Collection of information: UBS will only use personal data collected for the purposes of technical administration and the research and development of its websites as well as customer and user administration and marketing.
- Storage of information: All electronic messages sent to and from UBS are automatically retained in a distinct journaling system which preserves the evidential weight of the emails and are protected by adequate legal, technical and organisational measures.
- Disclosure of information: UBS will only disclose the personal information collected to its employees, agents and affiliates that perform services for UBS.
- Security measures: UBS uses technical and organisational security measures in order to reasonably protect personal data against unauthorised access, accidental or intentional manipulation, loss and destruction.
- Minors: UBS does not seek to collect personal data from individuals under the age of 18.
As the .ubs gTLD will only be available to affiliate entities of UBS, initially, the amount of personal data that will be collected for the purposes of operating the gTLD and made publicly available in the WHOIS database will be very limited. UBS will provide a publicly available and searchable WHOIS look up facility, where information about the domain name status, registrant information including administrative and technical contact details can be found in accordance with Specification 4 of the Registry Agreement. In order to prevent misuse of the WHOIS look up facility, UBS will utilise measures including a requirement where any person submitting a WHOIS database query is required to read and agree to the terms and conditions in accordance with the registration policy. This will include the terms of use that the WHOIS database is provided for information purposes only and that the user agrees not to use the information for any other purposes such as allowing or enabling the transmission of unsolicited commercial advertising or other communication.
UBS will deploy Domain Name System Security Extensions (DNSSEC) which is intended to benefit both UBS and its users interacting with UBS online. DNSSEC provides additional security by validating information in the transmission, therefore it is intended to benefit those who publish information in the domain name system (DNS) and the users who retrieve information from the new .ubs gTLD. UBS already implements all security measures it considers relevant and applicable to protect privacy or confidential information of its users against misuse, loss, alteration and unauthorised access. Such measures include the use of passwords for its clients accessing their private information.
UBS will continue to apply all security measures currently implemented and will comply with all other policies and practices required by ICANN in the Registry Agreement and any relevant Consensus Policy for protecting the privacy and confidential information of registrants and users in the new .ubs domain space.
18(B)VI. DESCRIBE WHETHER AND IN WHAT WAYS OUTREACH AND COMMUNICATIONS WILL HELP TO ACHIEVE YOUR PROJECTED BENEFITS.
During the initial stage of the operation of the proposed new gTLD, it is anticipated that internet users will be re-directed to current websites. However, over time, it is foreseen that communication to the internet community of the existence of the proposed new gTLD and encouragement to utilise the trusted site will contribute towards minimising malicious abuses and protecting internet users.
18C. What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)? What other steps will you take to minimize negative consequences/costs imposed upon consumers?
As a restricted gTLD, registration will only be open to internal users (affiliate entities) at this stage and no third parties will be able to register domain names under the .ubs domain space. Therefore, it is not anticipated that third party trademark owners will incur costs in relation to the .ubs gTLD. The affiliate entities wishing to register domain names must ensure that all the policy requirements for registration are satisfied. UBS will utilise the services of the proposed Trademark Clearinghouse to ensure that domain names registered and the use of those domain names, do not infringe any registered third party intellectual property rights.
No unaffiliated third party will be permitted to register domain names at this stage. It is estimated that time and money spent by consumers who have been targeted by malicious abuse in utilising services on the internet will reduce over time as a result of the new, trusted .ubs gTLD.
18(C)I. HOW WILL MULTIPLE APPLICATIONS FOR A PARTICULAR DOMAIN NAME BE RESOLVED, FOR EXAMPLE, BY AUCTION OR ON A FIRST-COME⁄FIRST-SERVE BASIS?
The initial use of the proposed new gTLD will be restricted to internal business use and UBS and affiliate entities are intended to be the registrants under the .ubs gTLD. Therefore conflicts between multiple applications are not anticipated to occur.
18(C)II. EXPLAIN ANY COST BENEFITS FOR REGISTRANTS YOU INTEND TO IMPLEMENT (E.G., ADVANTAGEOUS PRICING, INTRODUCTORY DISCOUNTS, BULK REGISTRATION DISCOUNTS).
This gTLD will be used for internal purposes only, at this stage, so pricing incentives are not applicable or relevant.
18(C)III. NOTE THAT THE REGISTRY AGREEMENT REQUIRES THAT REGISTRARS BE OFFERED THE OPTION TO OBTAIN INITIAL DOMAIN NAME REGISTRATIONS FOR PERIODS OF ONE TO TEN YEARS AT THE DISCRETION OF THE REGISTRAR, BUT NO GREATER THAN TEN YEARS. ADDITIONALLY, THE REGISTRY AGREEMENT REQUIRES ADVANCE WRITTEN NOTICE OF PRICE INCREASES. DO YOU INTEND TO MAKE CONTRACTUAL COMMITMENTS TO REGISTRANTS REGARDING THE MAGNITUDE OF PRICE ESCALATION? IF SO, PLEASE DESCRIBE YOUR PLAN.
This gTLD will be used for internal purposes only, at this stage, so pricing incentives or pricing increases are not applicable or relevant as no additional fees are to be charged.