The .eu domain launched in December but until now only trade
mark holders and public bodies have been able to apply. This
restriction has now been lifted slightly, allowing those with prior
rights to reserve domain names. The third phase opens on 7th April,
when everyone can seek a .eu domain name on a first-come,
first-served basis.
According to the registry, the European Registry of Internet
Domain Names (EURid), 71,235 new applications were received in the
first hour of the second phase.
Company names, distinctive titles of protected literary and
artistic works, trade names and family names are all eligible this
week – provided applicants can provide evidence of their
entitlement.
The first step is to apply with an accredited seller of .eu
domain names. Then there is a 40-day period in which the supporting
documentary evidence must be provided – and that can be hard to do
when there is no registered trade mark.
Susan Biddle, a partner with Pinsent Masons, the law firm behind
OUT-LAW.COM, has been helping clients this week with their .eu
applications.
"Applicants will generally need an affidavit from a solicitor
stating that the applicant has passing-off rights in the
unregistered brand name on which their domain name application is
based," she said. "This needs to be supported by evidence of
reputation in that brand name – which could be advertising and PR
materials or invoices to show evidence of trading under that
name."
Biddle warns that evidence of registering a company name is not
sufficient in the UK, and attempts to register domain names that
are variations on a brand name are unlikely to succeed. "The .eu
domain name must be exactly the same as the whole of the trade name
on which it's based," she said.
According to EURid, the top four most requested domains during
the first hour of the second phase were sex.eu (23 applications),
Schumacher.eu (15 applications), realestate.eu and business.eu
(both with 12 applications). Where two or more applicants have an
entitlement to a particular domain, the first applicant will obtain
it.
