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.total New gTLD Application

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New gTLD Application Submitted to ICANN by: Total SA

 

Application Downloaded On: 27 Apr 2015

 

String: total

 

Application ID: 1-1162-21667

 

Applicant Information

 

  1. Full legal name

Total SA

 

  1. Address of the principal place of business

2, Place Jean Millier

La Défense 6 Courbevoie - 92400 FR

 

  1. Phone number

+ 33 1 47 44 45 46

 

  1. Fax number

+33 1 47 44 48 67

 

  1. If applicable, website or URL

http://www.total.com

 

Primary Contact

 

6(a). Name

Stephanie Polselli

 

6(b). Title

Head of Trademarks

 

6(c). Address

 

6(d). Phone Number

+33 1 47 44 45 39

 

6(e). Fax Number

+33 01 47 44 48 67

 

6(f). Email Address

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Secondary Contact

 

7(a). Name

Marc Framboisier

 

7(b). Title

IT Project Manager

 

7(c). Address

 

7(d). Phone Number

+33 1 47 44 52 25

 

7(e). Fax Number

+ 33 1 47 44 56 35

 

7(f). Email Address

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Proof of Legal Establishment

 

8(a). Legal form of the Applicant

Société Anonyme (limited liability company)

 

8(b). State the specific national or other jurisdiction that defines the type of entity identified in 8(a).

France

 

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.

Euronext / FP

 

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

ARTUS Patrick Director

BARBIZET Patricia Director

BOUTON Daniel Director

BROCK Gunnar Director

COISNE-ROQUETTE Marie Christine Director

DE RUDDER Thierry Director

DESMARAIS Paul Director

DESMAREST Thierry President

KUX Barbara Director

LAUVERGEON Anne Director

MANDIL Claude Director

PEBEREAU Michel Director

 

11(b). Name(s) and position(s) of all officers and partners

Name

Position

BOISSEAU Philippe Managing Director Supply & Marketing

DARRICARRERE Yves-Louis Managing Director Exploration, Production, General Gas & New Energies

DE LA CHEVARDIERE Patrick CFO

GUILBAUD Jean-Jacques Company Secretary

POUYANNE Patrick CEO

 

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

 

  1. Provide the applied-for gTLD string. If an IDN, provide the U-label.

total

 

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.

 

 

  1. 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 Applicant has consulted various experts in the field of domain names, including its selected back-end registry operator, who is currently managing various TLDs, including but not limited to .FR and .RE. Furthermore, the extension .TOTAL is a string that entirely consists of standard US ASCII characters, as is the case with most extensions currently available in the DNS.

 

Therefore, to the Applicant’s best knowledge and belief, no specific issues are to be expected as regards the operation and rendering of the .TOTAL gTLD.

 

  1. 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.

 

 

(a) The Applicant, Total SA (“Total”), is a French société anonyme (limited company) incorporated in France on March 28, 1924. Together with its subsidiaries and affiliates, Total is one of France’s largest corporations and the fifth largest publicly-traded integrated international oil and gas company in the world (based on market capitalization (in dollars) as of December 31, 2011), as well as a world-wlass chemicals manufacturer (cf. www.total.com).

 

It has been listed on  the New York Stock Exchange since 1991 and has one of the largest capitalizations on the NYSE Euronext. It accounts for 12% of the CAC 40,  of which it is the largest listed company. In Forbesʹ 2011 issue of ʹThe  Worldʹs Biggest Public Companiesʹ (http:⁄⁄www.forbes.com⁄global2000⁄list⁄), Total ranked 19.

 

The Total Group has operations in more than 130 countries and more than 96,000 employees.

 

Total engages in every sector of the oil industry, including

 

  • upstream operations: development; oil and gas exploration and production activities in more than 40 countries; production of oil and gas in approximately 30 countries; and
  • downstream operations: refining, marketing, trading and shipping of crude oil and large range of petroleum products; providing a retail network of about 15,000 service stations worldwide mainly under the TOTAL house brand (Total is the no. 1 in Western Europe for refining and marketing and the no. 1 in African marketing, with a strong presence in the Mediterranean Basin and moving into growth markets in South-East Asia).

 

Total also produces base chemicals (petrochemicals and fertilizers) and specialty chemicals for the industrial and consumer markets (rubber processing, adhesives, resins and electroplating).

 

In addition, Total has interests in the coal mining and operates in the power generation and renewable energy sectors.

 

Total began its upstream operations in the Middle East in 1924, since that time, the company has grown and expanded its operations worldwide to become a global energy producer and provider.

 

Total’s activities lie at the heart of the two biggest challenges facing the world now and in future : energy supply and environmental protection. Total’s strategy, the implementation of which is based on a model for sustainable growth combining the acceptability of operations with a sustained, profitable investment program, aims at :

- expanding hydrocarbon exploration and production activities and strengthening its worldwide position as one of the global leaders in the natural gas and LNG markets;

– progressively expanding TOTAL’s energy solutions and developing new energies to complement oil and gas (notably solar, biomass);

– developing its petroleum product marketing business, in particular in Africa, Asia and the Middle East, while maintaining the competitiveness of its operations in mature areas; and

– pursuing research and development to develop “clean” sources of energy, contributing to the moderation of the demand for energy, and participating in the effort against climate change.

 

 

According to the Applicant, the mission and purpose of the .TOTAL TLD are manifold, as will be further explained below:

 

  1. First and foremost: make the most out of the opportunity presented by ICANN’s New gTLD Program, and therefore securing the Applicant’s key household brand (“TOTAL”) as a gTLD;

 

  1. Total sees great value in reflecting the highly recognizable brand TOTAL – which has a true global exposure and international clientele – at the top level of the DNS’ hierarchy. It strongly believes that a .TOTAL gTLD could in the future turn out to become an interesting platform for Total and its stakeholders (in particular its Affiliates) to use, and potentially generate numerous benefits from a marketing and branding perspective;

 

  1. Support the Total Group’s day-to-day activities, for the benefit of the Applicant, its affiliates, TOTAL connected businesses and consumers;

 

  1. Provide stakeholders of the Applicant with a recognizable and trusted identifier - .TOTAL – on the Internet. Such stakeholders include, but are not limited to:

 

  • subsidiaries and joint ventures in various countries (note: these are to be considered “Affiliates” in accordance with ICANN’s Registry Operator Agreement);
  • about 15,000 service stations’ dealers and thousands of retailers and distributors of Total’s branded products;
  • affiliate partners;
  • sponsorships;
  • prospective and current customers, including various millions of holders of Total fuel and loyalty cards;
  • shareholders and prospective investors; and
  • directors and officers of Total and its subsidiaries, including more than 96,000 employees.

 

  1. Provide such stakeholders with a secure and safe Internet environment, under the control of the Applicant, in which they are able to obtain information from and communicate with the Total;

 

  1. Over time: provide for the opportunity to certain selected stakeholders to register and⁄or use domain names in the .TOTAL gTLD, insofar and to the extent that (i) Total would remain in control over certain aspects of these domain names, (ii) in the opinion of Total, this would create significant business opportunities, (iii) there would be branding and marketing benefits for the Total Group, and (iv) if sufficient guarantees can be put in place in order to mitigate the risks of damage to the reputation of the TOTAL brand and the business activities of the Total Group;

 

  1. Gradually assist the Applicant and the Total Group in general in promoting and offering content in multiple languages and services to an international audience, directly or indirectly accessible under specific domain names registered in the .TOTAL gTLD, referring to, amongst others, products and services, product and service categories, and brands.

 

 

18B. How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?

 

 

Total intends to organize the registry operation for the .TOTAL gTLD in such a manner that it will minimize the likelihood of having multiple applications or registration requests for a particular domain name.

According to Total, this can be achieved in any of the following ways, which likely needs to be further refined following ICANN’s award and delegation of the .TOTAL gTLD to Total:

 

  1. TOTAL is Applicant’s distinctive and most recognized household brand, having a global exposure, and a truly international clientele;

 

  1. From the Applicant’s perspective, .TOTAL may bring a high degree of recognition and specialization to the currently existing name space. Where in most cases the specific connotation that has been initially given to the gTLDs (or even ccTLDs) has disappeared, the .TOTAL top-level domain is currently intended to be unambiguous as regards:

 

  1. the identity of the Total as the Registry Operator;
  2. the source of the content and services offered under the .TOTAL; and
  3. the affiliation between the Registry Operator and the TLD; and
  4. in term, and at the discretion of the affiliation of Total, the affiliation between the Registry Operator and any third party that is authorized by the Total to register and⁄or use one or more domain name registrations in the .TOTAL TLD.

 

  1. As mentioned in the vision and mission statement above, the key reasons why Applicant is applying for .TOTAL include but are not limited to:

 

  1. Take the opportunity presented by ICANN’s New gTLD Program in order to operate Total’s highly recognizable TOTAL brand at the top-level of the DNS’ hierarchy, which has the potential to present significant marketing and branding advantages for the Applicant, as well as an innovative platform for supporting the various stakeholders that are involved in the Applicant’s current day-to-day activities;

 

  1. Provide for an unambiguous, safe and secure Internet environment, under the direct control of the Applicant; and

 

  1. Implement measures – in the near or distant future and when more adequate tools and techniques become available – to mitigate and even avoid abuse, phishing, and even counterfeiting and piracy.

 

  1. The Applicant intends to implement the following policies and procedures with respect to the registration of domain names in the .TOTAL top-level domain:

 

(a) reservation and registration of domain names in the name of Total and its Affiliates. It is likely that this will be the scenario that Total will put in place during the first months or even years of operation of the .TOTAL gTLD. These names may include, but are not limited to:

  1. descriptive names, referring to the actual day-to-day business activities of the Applicant or its Affiliates;
  2. descriptive names, referring to the internal business units and departments of the Applicant;
  3. company names, referring to the subsidiaries, affiliates and⁄or joint ventures of the Applicant; and
  4. potentially also names relating to other stakeholders of Total, to be determined by Total following ICANN’s award and delegation of the .TOTAL gTLD to Total;
  5. brand names of Total’s products and services (and which are owned and registered by the Total Group).

 

(b) launch of the TLD: if and when implemented by the Registry Operator, this is likely going to be a gradual process, whereby selected third parties that meet certain criteria, which Total will be entitled to set at its own discretion, may register domain names in the .TOTAL gTLD. These processes may include the following:

 

  1. Sunrise: allow physical persons, organizations and entities that meet the eligibility requirements determined by Total at that point in time to choose and, where allowed by Total, to register the domain names that are identical to their trademarks, trade names, business identifiers or company names. By way of example: eligible parties could include business partners of the Affiliates of the Total Group, and their corresponding .TOTAL domain names would then include their product or service brands;

 

  1. Land rush and general availability: other available domain names may be registered by physical persons, organizations and entities that meet the eligibility requirements in force at that point in time to choose the domain names in accordance with the applicable terms and conditions.

Depending on the terms and conditions in force at the time of launch of the TLD, these domain names may or may not be registered in the name of the applicant for the domain name or in the name of the Registry Operator of the TLD (i.e., Total). In any case, Total reserves the right to impose additional and other restrictions from time to time at its sole discretion. These restrictions will be mainly inspired by the following elements and factors:

 

  1. Given the fact that the Applicant is a company that is established in France, it is subject to both national and European privacy and data protection rules and practices. In particular, given the fact that the French data protection authorities have issued strict guidelines, Total will at all times be obliged to implement these policies, and this prior to and during the operation of the .TOTAL gTLD.

 

  1. The Applicant is a corporation that has been established in 1924 and has been trading under the TOTAL brand since 1954. Since, it has developed a strong position and recognition in the oil and gas industry, with millions of customers in more than 130 countries in total.

 

Although a number of first use cases for a .TOTAL gTLD have been developed, Total has not developed detailed plans on when and how it will develop the new .TOTAL channel and what will be the role of and services that will be provided to and by Total’s Affiliates and joint ventures over such platform. However, the Applicant has different ways in order to make existing and future customers, visitors and stakeholders aware of the (gradual) development of a new online environment under the .TOTAL TLD, including but not limited to:

 

  1. Direct and indirect marketing and branding initiatives;
  2. Brochures and advertisements in newspapers and magazines;
  3. Poster campaigns in its petrol ⁄ gas stations;
  4. Internet advertising campaigns, having Internet traffic to the total.com or other domain names resolving into certain web-related services and content provided by the Total Group, hereby actively promiting this new space, provide relevant content with respect to the activities, products and services of the Total Group, which all builds awareness with Internet users that the .TOTAL gTLD exists;
  5. Email marketing campaigns; and
  6. Identifying customers, stakeholders or devices which may take part of the information system of the Applicant.

 

 

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?

 

 

In line with Total’s mission and purpose for the .TOTAL gTLD, it is first and foremost important for Total to safeguard and protect the key element out of its TOTAL trademark at the top level of the DNS’ hierarchy. Such protection does not only extend to the actual registration, delegation and use of the TLD, but also to the domain names that are registered therein, and how these domain names are used.

 

Considering the fact that the actual award and delegation of the .TOTAL gTLD to Total is subject to the successful evaluation of this application, Total has to date only performed a high-level analysis of:

 

  • the types of domain names that will be registered;
  • who will be entitled to select which domain names will be registered
  • who will be entitled to register such domain names;
  • who will be entitled to use such domain names, and;
  • which types of use will be allowed or recommended.

 

As Total believes that the development and implementation of one or more business cases could likely take a couple of months or even years, Total has mainly focused on a number of high-level characteristics of Total’s plans in relation to the operation of the .TOTAL gTLD, as described above.

 

By all means, it is in Total’s self-interest to, on the one hand, make the most of this initiative, promote its own business interests together with those of its Affiliates, business partners, sponsorships, etc. whilst mitigating risks for the brands and brand reputation of such stakeholders and reducing the (social) costs for others.

 

In this context, Total will devise policies that encompass and comprise the following features:

 

At least during the initial months or even years following the delegation of the .TOTAL gTLD to Total, this extension is likely going to be a so-called “single registrant TLD” as contemplated by ICANN in Article 4.5 of the template Registry Operator Agreement (“Transition of Registry upon Termination of Agreement”). For the avoidance of doubt, a “single registrant TLD” is a TLD where “(i) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator for its own exclusive use, and (ii) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator.”

 

Therefore, parties who are not Total or an Affiliate of Total or the Total Group will not be entitled to register domain names in the .TOTAL gTLD.

 

Total believes this to be in line with two of the main elements in its vision and mission statement, namely:

 

  • Protecting and safeguarding the .TOTAL gTLD, by keeping full control over the entire operation of the .TOTAL registry and most if not all domain names registered therein; and

 

  • Guaranteeing to Total’s key stakeholders who are interacting with Total, as the case may be, its Affiliates, by using domain name registrations in .TOTAL that they are in fact interacting with the brand owner or its authorized Affiliates or business partners.

 

Consequently, there will be no (social) costs for non-eligible (third) parties, given the fact that they will be unable to register domain names in the .TOTAL gTLD in the first place.

 

However, even if only Total (and, as the case may be, Total’s Affiliates) will be entitled to register domain names, this does not exclude the hypothesis that disputes may arise with one or more third parties as regards domain names that are registered in the .TOTAL gTLD.

 

In order to avoid these risks, Total intends to implement the following policies and processes:

 

First, the domain names to be registered by Total and, as the case may be, its Affiliates business partners, sponsorships, etc. could relate to the following:

 

  • registered trademarks of Total and⁄or its Affiliates;
  • names of business partners of Total and⁄or Affiliates of the Total Group;
  • names of departments within Total, its Affiliates; and
  • names of activities, charities, etc. sponsored by Total or Affiliates of the Total Group.

 

Furthermore, Total envisages registering a fair number of generic words that are directly or indirectly related to the day-to-day business activities and operations of Total and its Affiliates.

 

Total’s legal and intellectual property department will on a regular basis review the domain names that have been actually registered in the .TOTAL gTLD and the use that is being made thereof, this in order to mitigate the risk that the rights of third parties are infringed.

 

In any case, Total shall claim to have a legitimate interest in these domain names, as they are merely descriptive of the activities, products or services of Total and⁄or its Affiliates. So even if one or more of these domain names would be protected by a registered trademark, held by a third party, it is likely that a claim under the Uniform Dispute Resolution Policy or Uniform Rapid Suspension policy will fail.

 

As regards the names referred to in Specification 5 to the template Registry Operator Agreement, Total will follow the processes and procedures established by ICANN and the Governmental Advisory Committee.

 

If Total would determine, at its sole discretion, that it will gradually allow certain categories of stakeholders to register domain names in the .TOTAL gTLD in their own name, Total will devise policies to that effect.

 

However, Total will at all times be entitled to restrict, limit or expand:

 

  • the category or categories of stakeholders who will be entitled to register one or more domain names in the .TOTAL gTLD, including their criteria for qualification;
  • the choice of domain name(s) registered in the .TOTAL gTLD by and per such eligible stakeholder (category);
  • the use made by an and per eligible stakeholder of a domain name registered in the .TOTAL gTLD;
  • the transfer of domain names registered in .TOTAL;
  • etc.

 

Total shall reserve the right to subject the registration or use of a domain name to internal approval processes and procedures, at each and every step of the domain name life cycle.

 

Given the fact that Total may release such available domain names post launch in a highly controlled manner, this also reduces the likelihood that two or more applicants qualify for the registration of the same domain name in the .TOTAL top-level domain;

 

As a method of last resort, and subject to the actual domain name registration policy adopted by the Registry Operator and in force at the time of registration, domain names will be allocated on a first-come, first-served basis.

 

In any event, Total reserves the right to change or restrict any policies, procedures and practices at any point in time if it is of the opinion that there would be a risk that the reputation of the TOTAL brand or the brands of its Affiliates would be potentially harmed.

 

If and when the Applicant intends to make the .TOTAL top-level domain available to qualifying third party domain name registrants, it will do so at an acceptable cost to them. Furthermore, Total reserves the right to bundle certain products and services offered now or in the future with the registration of domain names in the .TOTAL gTLD. Furthermore, Total may offer additional services that intend to drive Internet traffic from URLs operated by Total towards domain names registered, controlled, and⁄or operated by such third parties.

 

So, in brief:

 

  1. The Applicant ⁄ Registry Operator may reserve, delegate and use a potentially large number of domain names that are directly or indirectly relevant to Applicant’s business in its own name. Since some of these domain names could be of a descriptive nature, the chances for qualifying ⁄ eligible applicants ⁄ registrants to register such domain names after the launch will be limited;

 

  1. The Registry Operator shall be entitled at all times to release available domain names post launch in a highly controlled manner, which also reduces the likelihood that two or more applicants qualify for the registration of the same domain name in the .TOTAL top-level domain;

 

  1. As a method of last resort, and subject to the actual domain name registration policy adopted by the Registry Operator and in force at the time of registration, domain names will be allocated on a first-come, first-served basis, however always taking into account the rights and legitimate interests of third parties, including but not limited to trademark rights;

 

  1. The Applicant may intend to make the .TOTAL top-level domain available to qualifying ⁄ eligible domain name registrants at an acceptable cost to them, to be determined if and when the Applicant would decide at its own discretion to allow third parties to register domain names. Furthermore, the Applicant may decide to bundle such domain name registrations with additional added-value products and services generally offered by the Total Group in the course of its ordinary business activities;

 

  1. If the Applicant ⁄ Registry Operator will be required to increase the fees for the registration of domain names, such increases will keep pace with comparable market rates for such domain name registrations. However, the Registry Operator shall at all times be entitled to bundle the registration of domain names with other products or services offered by or on behalf of Total at a fee to be set by the Registry Operator.