Web Sites: businesses may lose brand in free-for-all if they do not register address by April 2006, say lawyers

Law firms are warning that any businesses hoping to register Web domain names under the new European '.eu' address must do so quickly or risk losing out to other companies involved in the race to stake their claims.


The European Commission has said it will give priority to companies with existing names if they register by 6 April 2006; they can start registering from 7 December but those that are first in the queue will get priority. Companies can register through the European Registry of Internet Domain Names (www.eurid.eu).


If they fail to register by the cut-off date, they could lose out to other companies that want to use the same names, as after the initial registration period expires they will lose their priority status. Solicitors fear that businesses that are not properly informed will miss the deadline and end up being involved in the second-stage 'land rush' to register.


London commercial firm Wedlake Bell warned that many companies were unaware of the changes, and could end up seeing their brand names snatched if they got involved in a free-for-all. Intellectual property solicitor Gina Schwartz warned that companies were unaware of the risks of losing their names during the pre-April 2006 'sunrise period'.


She said: 'Although the phased registration system is a welcome means of preventing companies being held to ransom by people snapping up domain names that correspond to their brands, trade mark owners should not assume they will automatically be granted a particular domain name.


'Even within the sunrise period, ".eu" domain names will be assigned on a first-come, first-served basis. Owners of UK or community trade mark registrations could still be pipped to the post by other trade mark owners with registrations for the same mark in a different country, or the same mark registered for different goods or services.'


Ms Schwartz warned that applicants will also need to follow the registration procedure to the letter or risk losing their place in the queue. While applications for those with registered trade marks are likely to be relatively straightforward - as it will be easier to obtain the supporting documentary evidence - more preparation will be required by companies with other prior rights, she said.