Since 6 December .eu domain names have been valid, with 71,235 applications in the first hour and counting! So what are the options surrounding this new domain suffix, and will unscrupulous land grab rob bona fide businesses and organisations of their online brand...

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From 7 December 2005 businesses have been able to register their domain names under the new .eu domain name. In fact the process is in two stages – the first, the Sunrise period which gives holders of 'prior rights' (e.g. a registered trade mark or well known brand) a head start and then the Land Rush period where it is first come first served.

During the Sunrise period (which began on 7 December 2005 and ends 6 April 2006), domain names will be made available only to the holders of prior rights i.e.

• public body applicants;
• those with a registered national trademark, community trademark or international trademark;
• those with rights to geographical indicators or designations of origin, or to a company name, trade name or business identifier; or
• an unregistered trademark, distinctive title or a protected artistic or literary work or claimants who believe there are other reasons why their claim is valid.

Applicants will need to prove their claim with documentary evidence.

During the Land Rush period (starting on 7 April 2006) domain names will be open to registration for all. Registrants who cannot back up their claim to a domain name with a documented prior right will have to wait until 7 April to apply for their .eu name.

Brand insurance

It is important that your brand is protected internationally through the use of the .eu domain name. If you do not do so, you risk losing the domain name to another company within the EU that uses the same trade name or mark as you (or a similar mark). Once the Land Rush period has started, the first applicant who applies for it will secure the domain regardless of their right to it!

It is essential that in applying for a .eu domain name you prepare the best application possible. So, if you want to register your .eu domain name, you must ensure that you submit your application in good time and certainly before the Land Rush period.

Tarlo Lyons has already begun registering .eu names for clients. In some cases the process is extensive: supporting evidence needs to be collated and affidavits drafted to prove the holder's right to the mark and a series of important application decisions need to be made to give you the best possible chance of achieving success. We can advise and administer the application from beginning to end and are happy to discuss a fixed fee for this work

Copyright ©Tarlo Lyons 2006

About Tarlo Lyons:
Tarlo Lyons is a City law firm, based in Farringdon, with 20 partners and about 80 staff. We are a full-service legal practice, and can advise you on all aspects of your business - whether you're a start-up, a growing business, a large company or an individual. We specialise in the following industry sectors: IT/outsourcing, Media, Art/cultural property, Banks, insurance, financial services, Engineering, Gambling, Hotels, IT/outsourcing, Media, Persons subject to investigation Property, Recruitment. Please contact rory.gissane@tarlolyons.com for further information. www.tarlolyons.com