Intellectual Property Alert
.eu: A new domain name for EuropeThere is a new domain name in town and this one is likely to be very popular. It is also expected to have the most significant commercial impact of any new domain name since the launch of .com. Beginning on December 7, trademark owners will be able to pre-register for names in .eu, the new domain, provided the owners meet certain requirements. The .eu domain will encompass the present European Union, which consists of 25 countries in both Western and Eastern Europe. This paper summarizes key information for brand and IP owners. Who's in Charge?.eu is being operated by EURid, a nonprofit organization headquartered in Brussels. EURid is responsible for all aspects of policy and the process of registering, transferring, and canceling .eu names. Who Can Apply?There are four categories of applicants: 1. Companies domiciled within the European Union; 2. Organizations with an office, central administration, or principal place of business within the European Union; 3. Natural persons resident within the European Union; and 4. Companies or organizations based outside the European Union (E.U.) who have licensed a mark registered within the E.U. to an E.U. resident. Such licensee can apply on the licensor’s behalf, since the latter will meet the residency requirements. However, the licensee will own the domain name. DLA Piper has set up a mechanism whereby clients can use one of our offices as a licensee to satisfy this requirement. Moreover, since a European registration is required, we are able to counsel clients on how to obtain such registrations on an expedited basis and in time for the first phase of the Sunrise Period. How Will Applications Be Processed?Applications will be accepted on a first come, first served basis across a phased process: (i) Sunrise Phase One will run for two months (December - February). Applications will be accepted from companies, individuals, and organizations or licensees of registered Community or national trade marks. (ii) Sunrise Phase Two will run for two months after Phase One (February - April). Applications will be accepted from European holders of "prior rights," including unregistered trademarks, trade names, business identifiers, company names, family names, and distinctive titles of protected literary and artistic works. (iii) Open registration will begin following the end of Phase Two (starting in May). Registration during this phase is open to all who meet the residency rules set out above. What Can Trademark Owners Register?Domain names which may be registered during the Sunrise Process must correspond exactly with the name for which the right is claimed. During Phase Two, domain names may also be “based on” prior rights to marks or names. How Do I Apply?You need to apply through an Accredited Registrar - in other words, a domain name company that has contracted with EURid and built an electronic interface to their database. If you are a registered trademark owner, apply in Sunrise Phase One. All domain names you apply for must be supported by a registered (not pending) word mark. Design marks, including logos in stylized text, will not be accepted. The mark must be registered at a trademark registry within the E.U. When giving your order to an Accredited Registrar, you should be told where you are in its queue of applications. At Zero Hour, when EURid opens the registry for Sunrise Phase One, Accredited Registrars will compete in an electronic lottery to submit names from their queues into the registry. Names will be accepted by EURid one at a time from whichever registrar they happen to connect with. Within 40 days, the first or only applicant for a domain name must submit documentary evidence of its right to that name. Acceptable documentation is any official document evidencing a trademark registration, such as a copy of the trademark registration or renewal certificate or an extract of the registration details printed from the trademark office’s online records. If this is not provided or if the evidence fails to meet the criteria, the application will be rejected and the next application for that name in the queue will be reviewed. Details of each successful application will appear in a Sunrise Whois database. The first application for a name will be number one. Subsequent applications for the same name, if any, are also entered into the Sunrise Whois and numbered consecutively. This gives you the opportunity to monitor your competition. Domain names for which applications have proved successful will become usable only after a 40-day waiting period, to allow for any errors to be rectified or appeals to be mounted. How Can Applications Be Challenged?Applications can be challenged through the Sunrise Alternative Dispute Resolution (ADR) procedure. The first step of the procedures is a check for administrative compliance; only after that check is completed will EURid consider whether the application conforms to the public policy rules. A challenge could take 90 days. During that time, the use of the name will be blocked. How Much Will an .eu Registration Cost?
In addition to the above official fees, your Accredited Registrar will charge a fee per application. What Next?The first Sunrise Phase begins on December 7. For further information on obtaining a European registration, the rules for the .eu registry, or how to obtain a licensee, please contact your DLA Piper attorney or: Mark
Feldman
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