Take Advantage of European Union Top Level Domain Name (.eu) Registration

The .eu country code Top Level Domain (ccTLD) will launch on December 7, 2005. Analysts predict that the .eu domain will be the most important commercial domain since the introduction of the .com domain and will reach a market of greater than 450 million customers throughout the European Union ("EU") (A list of EU members can be found at the bottom of this update.)

Registration for the .eu ccTLD will consist of three phases. Your ability to register an .eu domain name in the first two phases requires, in part, that you own trademark or other proprietary rights in the EU.

Regardless of phase, only companies and individuals resident in the EU or EU-resident licensees of non-EU companies are eligible to register .eu domain names. This requirement may present difficulty for a number of non-EU resident U.S. companies that may be interested in obtaining an .eu domain name, but there are potential options. For example, a limited-purpose written license to a European subsidiary, a trusted distributor, or a business partner may satisfy the EU residence requirement. In addition, some domain name registrars and service providers are accepting, for extra fees, a limited license to help companies meet the EU resident requirement. In these cases, the licensee will be the registered owner of the domain name. Therefore, care should be taken to protect your rights vis-à-vis any third party in the domain name and any trademarks or other intellectual property through an appropriate agreement or arrangement.

U.S. companies who wish to register an .eu domain name should begin immediately to develop a registration strategy. To take advantage of Phase 1 of the sunrise period, the word a company wishes to register as a domain name must be registered as a trademark with the European Union or a member nation before the beginning of the phase. If you are interested in registering a "generic" or common name such as "automobiles," you will need to obtain a trademark registration for that mark for goods or services for which it is not generic as the basis for your .eu domain name application. Companies without appropriate registrations should consider filing word mark applications now in countries with quick registration procedures. Presently, you can obtain registration in some European countries in just a few weeks.

In the .eu registration system there is no guarantee of registration, but you can take steps to increase your chances for successful registration. In some cases, the first qualified and validated applicant to apply for a domain name in the registration period will get the domain name. In light of this and the potential commercial importance of an .eu domain name for your business, it is important to start planning now, as preparing a successful .eu application may require several preliminary steps, such as new trademark filings, establishing licensing arrangements, and choosing a registrar.

The EU member countries are: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Hungary, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden, United Kingdom.