The New "Dot EU" Domain Name
Introduction
New internet address which could be as important as the "dot com" address
From the seventh of April this year it will be possible for anyone to apply for a dot-eu domain address. For European based businesses this could be a vital asset for a company.
The process has already begun. There are some key dates to remember and steps to be taken as there could be a scramble for priority over some domains.
For registered trade mark holders (including indicators of geographical origin) and public bodies the process began on 7 December 2005 with over 100,000 applications being received on the first day. For example, my firm Ashfords solicitors, is the owner of the registered trade mark for the word 'Ashfords' for legal services. We have therefore applied for 'ashfords.eu'.
Organisations holding other prior legal rights will be able to apply from the 7th February 2006 for priority over later applications. Holders of 'other prior rights' include those with rights in words which correspond to their:
- Unregistered trade marks
- Company names
- Business identifiers
- Trade names
- Distinctive titles of protected literary and artistic works.
The quality of the evidence accompanying 'other prior rights' applications will have a real bearing on whether priority is given to those claiming under this category, especially when multiple applications for the same domain are received by the registry.
From the 7th of April 2006 anyone else can apply to register (including those with no real interest in the domain, other than perhaps trying to sell it on to those who might want or need it).
Where conflicting interests arise, the registry will try to make a validity determination based on the information provided by the applicants. Remember, the domain name registrars are not judicial bodies, which makes the standard of presentation of the evidence all the more vital and you may be well advised to seek professional assistance with this task. There is also the possibility of recourse to the registry's alternative dispute resolution centre when a determination is contested.
The validity assessment procedures are intended to alleviate the problems created by so called 'cyber-squatters', but it will still be important to be the first applicant in the queue, as a "first-come first-served" starting point applies.
The very real risk is that another organisation using an identical or very similar prior right could apply for and obtain, in a perfectly valid manner, the domain name that you seek. It is amazing how often this has happened with other domains.
The dot-eu concept is intended to create a euro-centric commercial identity and represents a real alternative (or addition) to the heavily used 'dot-com' suffix. All businesses and public bodies should seriously look into obtaining it as part of their IP protection.
Mark Lomas, a partner in Ashfords' IP group comments 'For businesses operating across Europe this new domain name offers an on-line presence which for some companies may be more important than a 'dot-co dot-uk' or a 'dot-com' domain. We are recommending to all our clients that they think carefully about registering a dot-eu domain to add to their portfolio of domains, even if they do not want to use it as their primary web address. This can help traffic reach your website and can in extreme cases assist if others try to pass-off a dot-eu website as yours. Generally it can help to avoid confusion within the marketplace'.
Mark added that, "Existing registered rights holders ought to be looking at this already and for those with 'other prior rights' applications the February 7th date is nearly on us.These phase two applications are highly likely to benefit from legal input, as applicants will be required to present proper evidence proving the legal basis on which their prior right is founded."
The cost of applying for a dot eu domain, excluding any legal input, is unlikely to top £100 for straightforward applications and will prove much cheaper than the alternative of registering a country level domain (such as dot.co.uk) in each relevant European Union country.
Eurid, is the name of the new European Registry for dot-eu domains. Eurid's website contains a wealth of information on dot-eu domains and can be found at 'www.eurid.eu'.
What should I do now if I want a dot-eu domain?
This depends on which of the following groups you fall into:
Registered Trade mark Owners
Apply immediately if you own a registered trade mark. The 'sunrise' period for registered trade mark holders commenced on 7 December 2005.
Other Prior Rights Holders
If you think you might own other prior rights (e.g. you have an unregistered trade mark) seek legal advice to assess this and then gather evidence to prove ownership. You will then need to identify the best service provider to use and to submit your application by 7 February, in order to be best placed to take advantage of the first-come, first-served policy.
Everyone Else
Select a suitable service provider and ensure that they will submit your application in good time on 7 April 2006. Its first-come first-served and the competition is likely to be fierce for good domains.
For assistance call Ashfords IP Group on 01392 33 4002
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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