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ARTICLE · 02 DECEMBER 2005

The Sun Rises on .EU Domain Names

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Registrations of the new .EU domain names will start on 7 December 2005. To protect the interests of brand owners and companies there will be a "sunrise" period in which they will be allowed to apply for .EU domain names corresponding to their trade marks and company names.

United KingdomIntellectual Property

Registrations of the new .EU domain names will start on 7 December 2005. To protect the interests of brand owners and companies there will be a "sunrise" period in which they will be allowed to apply for .EU domain names corresponding to their trade marks and company names. The general public will have to wait until 7 April 2006 before they can make applications. It is hoped that this head start will help to prevent a flood of abusive registrations by cyber-squatters, but brand owners and companies will need to act quickly to take full advantage of it.

Sunrise Period

The sunrise period is split into 2 distinct phases. Phase 1 commences on 7 December and runs for 2 months. During this initial phase, brand owners will be able to apply to register .EU domain names corresponding only to their registered trademarks.

The second part of the sunrise period commences on 7 February 2006 and also lasts for 2 months. During this phase companies can also apply for registration of .EU domain names corresponding to their company name and unregistered trade names.

During the entire sunrise period the domain name being sought must comprise the full name for which the prior right exists. Applications for abbreviations or variations of trademarks or company names will not be allowed. However, indications of the business legal status such as Ltd, plc, GmbH and SA may be omitted.

Land Rush

On 7 April 2006 the third and final "Land Rush" phase commences. The right to apply for registrations will then be opened up to individuals resident within the Community and to companies with their registered office or principal place of business within the Community, irrespective of any prior rights.

First Come – First Served

During each phase of registration, applications will be dealt with on a first come – first served basis. As a particular name may be the subject of prior rights in different member states there is an incentive for brand owners and companies to apply as quickly as possible to avoid competition for .EU domain names, even within the sunrise period.

Summary

To make full use of their head start under the sunrise procedure, companies and brand owners will have to act quickly. They may face competition for their desired .EU domain names first from potential competitors with prior rights in other member states and then from the wider public.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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