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.
