WIPO Domain Name Dispute Resolution Service for .EU

Country / Territory Code

.EU

Country / Territory Name

European Union

Whois Search

Whois Search

Dispute Resolution Policy

Regulation (EC) No 733/2002

Regulation (EC) No 874/2004

Regulation (EC) No 1654/2005

Regulation (EC) No 1255/2007

Regulation (EC) No 560/2009

Procedural Rules

Variation of UDRP

.eu Alternative Dispute Resolution Rules (the “ADR Rules”)

WIPO Supplemental Rules for .eu Alternative Dispute Resolution Rules

Relevant differences between the UDRP and the ADR Rules

Whereas the UDRP is limited to the protection of trademark rights, the ADR Rules protects rights protected in Europe, inter alia, registered national and European Union trademarks, geographical indications or designations of origin, and, in as far as they are protected under national law in the Member State where they are held: unregistered trademarks, trade names, business identifiers, company names, family names, and distinctive titles of protected literary and artistic works

While the UDRP sets three cumulative requirements, under the ADR Rules a complainant must demonstrate why the disputed domain name is identical or confusingly similar to the name or names in respect of which a right or rights are recognized or established by national and/or European Union law (as specified and described in accordance with Paragraph B 1 (b)(9)); and, either: why the disputed domain name has been registered by its holder without rights or legitimate interests; or the disputed domain name should be considered as having been registered or being used in bad faith

It is sufficient to prove that either registration or use of the disputed domain name by the registrant is in bad faith, whereas the UDRP requires the complainant to prove both

Under the ADR Rules, the examples of registration or use of a disputed domain name in bad faith include:

  • “(1) circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name to the holder of a name, in respect of which a right is recognized or established by national and/or Community law, or to a public body; or
  • (2) the domain name has been registered in order to prevent the holder of such a name in respect of which a right is recognized or established by national and/or Community law, or a public body, from reflecting this name in a corresponding domain name, provided that:
    • (i) the Respondent has engaged in a pattern of such conduct; or
    • (ii) the domain name has not been used in a relevant way for at least two years from the date of registration; or
    • (iii) there are circumstances where, at the time the ADR Proceeding was initiated, the Respondent has declared its intention to use the domain name, in respect of which aright is recognized or established by national and/or Community law or which corresponds to the name of a public body, in a relevant way but failed to do so within six months of the day on which the ADR Proceeding was initiated;
  • (3) the domain name was registered primarily for the purpose of disrupting the professional activities of a competitor; or
  • (4) the domain name was intentionally used to attract Internet users, for commercial gain to the Respondent’s website or other on-line location, by creating a likelihood of confusion with a name on which a right is recognized or established, by national and/or Community law, or it is a name of a public body, such likelihood arising as to the source, sponsorship, affiliation or endorsement of the website or location or of a product or service on the website or location of the Respondent; or
  • (5) the domain name is a personal name for which no demonstrable link exists between the Respondent and the domain name registered”

Mutual Jurisdiction means a court jurisdiction at the location of either the principal office of the registrar (provided the respondent has submitted in its registration agreement to that jurisdiction, and provided that the court thus designated is located within the European Union) or the respondent’s address

Under the ADR Rules, the remedies available are transfer or revocation of the disputed domain name.

If a complainant requests transfer of the disputed domain name, the complainant must provide evidence that the complainant satisfies the general eligibility criteria for registration set out in Article 4(2)(b) of Regulation (EC) No. 733/2002 (more details below)

Unless otherwise agreed by the parties, or specified otherwise in the registration agreement, the language of the ADR proceeding shall be the language of the registration agreement for the disputed domain name. This information is publicly available in the Whois records.

In the absence of an agreement between the parties, the complainant, before initiating a complaint, may file a written request that the language of the ADR proceeding be different than the language of the registration agreement for the disputed domain name. This pre-complaint proceeding is described in paragraph A (3) of the ADR Rules. A Model Request is available below and the applicable fees are informed in WIPO’s Schedule of Fees for .EU

Whereas under the UDRP Rules a respondent has twenty (20) calendar days to file a response, under the ADR Rules a respondent has thirty (30) working days to file a response

Whereas under the UDRP Rules a panel has fourteen (14) days of its appointment to forward its decision to the provider, under the ADR Rules, the panel has one month of the provider’s receipt of an administratively compliant response or the lapse of the time period for its submission

The Registry will implement a panel decision to transfer or revoke a disputed domain name after thirty (30) days (as opposed to 10 business days under the UDRP), if the Registry does not receive documentation from one the parties regarding a court proceeding

WIPO Model Pleadings

Complainant

WIPO Model Complaint

WIPO Model of Complainant’s Request to change the Language of the ADR Proceeding

Respondent

WIPO Model Response

Fees

Schedule of Fees

[***A special fee subsidy by EURid applies until further notice***]

WIPO Experts

WIPO Experts

Domain Registry

http://www.iana.org/root-whois/eu.htm

https://eurid.eu/en/

Registration Agreement

Terms and Conditions

Registration Policy

Eligibility Criteria

Registration of .EU domain names is restricted

To register a .EU domain name, an applicant must:

  • - have its registered office, central administration or principal place of business within the European Union, Norway, Iceland or Liechtenstein; or
  • - be an organization established within the European Union, Norway, Iceland or Liechtenstein without prejudice to the application of national law; or
  • - be a natural person resident within the European Union, Norway, Iceland or Liechtenstein

Supported Characters

.EU domain names support ASCII and IDN characters

  • - may consist of letters, numbers and dashes;
  • - may only be registered under the “.eu” extension;
  • - may not start nor end with a dash;
  • - may not have a dash in the third and fourth positions, unless the first two characters are “xn” and the domain name can be converted to a valid IDN
  • - may consist of numbers, dashes, and unicode characters from the Cyrillic, Greek or Latin scripts;
  • - may not combine characters from different scripts;
  • - when consisting of Latin or Greek characters will have the .EU extension, while domain names made up entirely of Cyrillic characters will have the .?? extension
  • - may have numbers in all Latin, Cyrillic and Greek characters;
  • - may not start nor end with a dash;
  • - may not have a dash in third and fourth position

Decisions

Decisions

While every effort is made to provide up-to-date information, part of the content of this page comes from third-party sources and may not be accurate at all times. For any queries about this page or about WIPO’s domain name dispute resolution services more generally, please contact arbiter.mail@wipo.int