United States: .eu Domains - Businesses established or based in the EU have another country-code domain name to consider

The .eu domain name ending is being added to the ever increasing list of country-code top level domain names. EURid, the organizer of the new European Union domain name, has announced there will be a four-month "Sunrise Period" for pre-registration commencing December 7, 2005. "Regular" registration, open to the EU public, will be available beginning April 7, 2006.

To be eligible to apply for a .eu domain name an applicant must be either:

• an undertaking with its registered office, central administration or principal place of business within the European Union;

• an organization established within the European Union without prejudice to the application of national law; or

• a natural person resident within the European Union.

If you or your company meet one of the above three basic applicant eligibility requirements, you may also take advantage of the Sunrise Period if you own a Community Trade Mark (EU) registration, or any national EU member state trademark registration that is identical to the subject .eu domain name. Pending applications will not qualify for the Sunrise Period; the associated mark or marks must be registered.

Sunrise Period domain name registration fees are likely to be approximately 75-85 Euro per successful registration (EURid will retain 15 Euro for each unsuccessful application)–good for one year. Annual renewal fees are likely to be around 25 Euro.

The .eu domain name registrations must be registered through accredited .eu registers, and will be awarded to qualifying applicants on a first come, first served basis. In other words, by applying for the .eu domain name first, an eligible applicant who owns a registration for the mark UNITED in Greece, for example, would be able to register the only united.eu domain name despite the fact that dozens of other UNITED trademark registration owners in the UK, Italy, France, the EU (CTM), or Germany may have registered and used their respective UNITED marks prior to the Greek registrant.

Two months into the Sunrise Period the .eu domain registration process will be expanded via a Phase II Sunrise Period (commencing February 7, 2006) to eligible applicants who are also owners of unregistered EU or EU national marks, EU business names, EU based organization acronyms, and EU book titles. In addition, individual surname .eu domains may be "pre-registered" during the two-month Phase II Period.

Phase II Period domain name registration fees are likely to be approximately 115-125 Euro per successful registration (EURid will retain 15 Euro for each unsuccessful application).

Once both Sunrise Periods end on April 6, 2006, .eu domain names may be applied for by meeting the basic applicant eligibility requirements. During open registration 12-month domain name registration fees are likely to be approximately 30 Euro.

For those of you interested in registering one (or several) .eu domains, your best chance of securing your domains is to rely on your existing EU trademark registrations and apply during the initial Registrant Sunrise Period. If, however, you do not currently own a trademark registration within the EU, one strategy worth considering is to immediately file an application to register the domain-identical trademark within the Benelux. Since the Benelux trademark registry can often issue a national trademark registration within 3-4 months, there may still be time to qualify for the Sunrise Period .eu domain registration.

U.S.-based companies with foreign subsidiaries established within the EU, may want to have their subsidiaries file for and register the subject EU trademark(s) (e.g., in the Benelux) so that the subsidiaries can then qualify for the .eu early-registration Sunrise Period.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.