To b'eu' or not to b'eu'...?

The deadline is looming if you are hoping to register a Web domain name ending in ‘.eu’, the new European address, before the predicted free-for-all scramble starts.

Any applications made by companies with existing trademarks and other similar protected rights must be made by 6 April 2006 if they want to have priority over other companies. Applications can be made from 7 December 2005 to the European Registry of Internet Domain Names and priority will be judged on a first-come first-served basis. This means that, even where you do hold an existing name, your priority is not assured until you have applied to register.

The ‘sunrise period’

This ‘sunrise period’ will be divided into two phases. The first phase commences on 7 December 2005 when public bodies and holders of trademarks may apply for corresponding domain names. It is during the second phase, starting on the 7 February 2006, where holders of other rights recognised by the national law of an EU Member State may be registered with the corresponding name, together with those eligible to register during the first phase.

The consequences

Should you miss the 6 April deadline, any priority that your company held over others will expire. This means that any company can submit an application to use the domain name that you may have wanted. This is why a prompt application is paramount to protect your company’s interests.

You cannot afford to relax and let the deadline pass you by because you believe that you will automatically be granted a particular domain name just because you are the registered owner of a trade mark. It may be possible for owners of that trade mark in other countries and jurisdictions to register the domain name before you.

You should start considering your application now, and submit it as soon as possible from 7 December 2005, to ensure that you are prepared to meet the deadline. We can advise you on the application procedure.

The commercial consequences of a failed application may be severe and the value of brand names could be threatened; therefore it is essential that your application is as complete as possible.

Further information

Follett Stock Solicitors will be please to offer advice and can ensure that your application will be professionally compiled and have the greatest chance of success. If you require any further information, please contact Hugh Murrell or Sonya Pennington either by telephone on 01872 241700, or by email at hugh.murrell@follettstock.co.uk and sonya.pennington@follettstock.co.uk.

You can find further information about the registration process at the European Registry of Internet Domain Names website: www.eurid.eu.