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Registration of .eu Domain Names

There has been an important development regarding the registration of <.eu> domain names. EURid, the Registry for .eu domain names, will offer two Sunrise Periods, Phase I and Phase II, before general registration will be permitted.

Phase I will run for two months, commencing on December 7, 2005. This phase will be open to owners of community trade mark (CTM) registrations or national registrations in at least one of the 25 European member countries. The requested domain name must be identical to the word component of the registered CTM or national trade mark.

All <.eu> domain name applicants must have their registered office or a principal place of business within the European Union. However, non-resident applicants may be able to obtain a <.eu> registration if they have a licensee in the European Union. If the owner does not have a licensee in Europe, it may be possible to arrange a license with one of our European associates that would satisfy the EURid requirements. We would be pleased to further discuss this with you.

Phase II commences on February 7, 2006 and will run until April 6, 2006. During this phase, domain names may be registered based on certain other “prior rights”, such as unregistered trade marks, business identifiers, trade names, corporate names, or distinctive titles of protected literary and artistic works. During phase II, only holders of the prior rights, not licensees, may apply.

Please note that during the sunrise periods, the registration of domain names will follow a first-come-first-serve basis. Therefore, if you are interested in filing an application for a <.eu> domain name, please provide us with your instructions as soon as possible.

Our fees and disbursements for registering a <.eu> domain name during Phase I (based on the applicant having an office in the European Union) is approximately $750 (Cdn) per name. During Phase II, the cost will depend on the evidence needed to establish the “prior rights”, and we would be pleased to provide an estimate.

For further information, or to file an application, please contact Sharyn Costin at 416 957-1626, or at scostin@bereskinparr.com.

This publication is not a substitute for detailed advice on specific transactions and should not be taken as providing legal advice on any of the topics discussed.

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Last Modified:Monday, November 28, 2005