Are your French domain names protected?
New opportunities and restrictions apply from 6 December 2011
As of 6 December 2011, the registration of .fr (France) domain names is being opened up to a wider range of European individuals and entities than before - even if they do not own a trade mark registration covering France.
Conversely, as of that date, the registration of new French domain names will be closed to non-European individuals and entities - even if they own a trade mark covering France.
The new rules will also apply to the renewal and transfer of existing domain names.
French domain names are an important European marketing tool: according to AFNIC (the French domain name registry), 82% of French users search for the websites of companies based in France using the .fr domain name.
In view of the imminent changes to the French domain name rules:
- Non-European brand owners with a French branch, or a trade mark covering France, should review their French domain name portfolios from a marketing and anti-cybersquatting perspective and, where possible, register any missing domain names under the current rules by 5 December, since they may no longer be able to do so after that date. However, any such registrations will need to comply with the new rules by the time they are renewed - i.e. within one year of the registration date.
- European brand owners should also review their portfolios and, where possible, register any domain names which they could not previously register under the current rules, on (or as soon as possible after) 6 December - or use this review as an opportunity to register any other missing French domain names.
- All brand owners will generally need to take the new rules into account when managing any French domain name renewals and transfers.
The new rules
- From 6 December 2011, only an individual residing, or a legal entity having its registered headquarters or principal place of business (but not just a branch), within the territory of one of the member states of the European Union or Iceland, Liechtenstein, Norway or Switzerland may register or renew a .fr domain name* - regardless of whether or not they own a trade mark covering France.
- The domain name holder and administrative contact will need to provide details of a valid telephone number and email address, and "accurate information" to establish their identities, and that information will need to be kept up-to-date.
- Domain name transfers will also need to comply with the new rules - e.g. it will not be possible to transfer a French domain name to a non-European entity together with a French trade mark.
* In addition to .fr domain names, the new rules will also apply to the following French territory domain names: .re (Reunion Island), .yt (Mayotte), .pm (Saint Pierre and Miquelon), .wf (Wallis and Futuna Islands) and .tf (French Southern and Antarctic Territories).
The current rules
The new rules above are a significant change from the current rules, which provide that the following individuals or corporate entities are eligible to register a French domain name:
- corporate entities with a registered office or branch (not necessarily a principal place of business) in France - but not elsewhere in Europe;
- individuals or corporate entities - based in any territory - owning a trade mark registration covering France (i.e. a French national registration, an international registration designating France, or a CTM registration); and
- individuals of full legal age residing in France (but not elsewhere in Europe) or of French citizenship residing outside of France.
How can we help you?
Please get in touch if you would like us to help with any of the following:
- Assessing which of your key brands can and should be registered as French domain names.
- Liaising with your established or other Internet service providers to register, renew or transfer French domain names.
- Monitoring and dealing with any cybersquatter abuses or other infringements of French domain names.
Lawyers France Delord, Tom Carl
