Article - The Sun Rises on the Dot EU Domain
The Sun Rises on the Dot EU Domain
The demand for new top level domains (TLDs) has increased as domain names have become saturated in the traditional TLDs such as .com, .gov and .org.
On the one hand, some observers have argued that hundreds of new TLDs should be introduced for different industries and purposes, whilst others have argued that limits should be put on the introduction of new TLDs otherwise the Internet will become swamped by confusing domain names.
To date, the Internet Corporation for Assigned Names and Numbers (ICANN) has favoured the latter view and strictly limited the introduction of new TLDs. In 2001 and 2002, ICANN introduced seven new TLDs including, for example, .biz and .info which may be used for unrestricted purposes and .aero, .coop and .museum which can only be used for specific purposes. Therefore, it is clear that the introduction of a new TLD is a major event in the life of the Internet and presents a valuable opportunity for businesses.
Country Specific Domains
Country specific TLDs were introduced in the late 1980s. Businesses and citizens of the EU have long awaited the introduction of a specifically European identity on the Internet. Now, the wait is nearly over and a TLD for the European Union is soon to become a reality.
In May 2003, the European Commission confirmed its intention to move forward with implementation of a proposed dot EU (.eu) top level domain, by designating the European Registry for Internet Domains (EURID) as the registry which is to register .eu domain names and govern this new TLD.
In late 2004, EURID began negotiating the contractual basis on which to proceed with the new .eu TLD with ICANN. This Agreement was completed on 21 March 2005, and .eu as an Internet root was created on the 2 May 2005. The .eu TLD is now preparing for its imminent launch. A .eu Registration Policy has now been published and is available on the EURID website.
Sunrise Period
The launch of the new .eu TLD will be phased in during what is described as a “Sunrise Period.” Phase 1 of the Sunrise Period is due to begin on 7 December 2005 and run until 6 February 2006. During the two months of phase 1 only public bodies and proprietors of registered trade marks may apply for .eu domain names.
Following Phase 1, Phase 2 will run for 2 months from 7 February 2006 until 6 April 2006 during which those eligible under Phase 1 may continue to apply, whilst those with other rights under national laws (e.g. unregistered trade mark rights) will become eligible to apply for .eu domain names.
Finally, after the end of Phase 2 on 7 April 2006, the Sunrise Period will close and .eu domain names will become available for all.
Get in Early
It follows from this that those owning registered trade marks or existing domain names, should carefully consider making early arrangements to secure a registration for a .eu domain name relating to their trade mark by taking advantage of the Sunrise Period. Some registrars are currently accepting informal pre-registrations which may assist in getting in as early as possible.
If a third party registers a .eu domain name before an owner of a registered trade mark in the corresponding word does so, that registered trade mark owner may have the right to obtain the transfer of the domain name into their name. Such registered trade mark owners should take legal advice in such an event.
Conclusion
The impending introduction of the new .eu TLD provides a major opportunity for businesses in the European Union to obtain a clear European presence on the Internet.
The Sunrise Period will provide windows of opportunity for those with registered trade marks and existing rights in particular domain names to get ahead of the game before the system of registration is opened up to all.
Every business in Europe should, therefore, currently be looking to the .eu horizon.
Marlene Naumann
Foot Anstey
10 October 2005
marlene.naumann@foot-anstey.co.uk
