Alert 374 - UAE - Non-Latin domain names Sunrise period announced


In Alert No 344 and Alert No 360, we provided information on ICANN’s proposed introduction of internationalised domain names (IDNs) in non-Latin script, particularly with regard to Egypt, Saudi Arabia and the United Arab Emirates ‘UAE’.

On 10 October 2010, the Telecommunications Regulatory Authority ("TRA") of the UAE issued a press release notifying interested persons of the opening of the Sunrise Period for the IDN for the UAE: امارات (dotEMARAT).

The Sunrise Period - امارات (dotEMARAT)

The Sunrise Period opens on Sunday 17th October 2010¹ and will close on Wednesday 15th December 2010.

During this period, holders of trade marks registered in the United Arab Emirates on or before 1st May 2010 may apply. It is also possible for licensees or assignees to apply, provided they can evidence proof of their entitlement (such as the trade mark licence or assignment document). It is not clear from the Launch Policy, but it is possible that the authorities may require proof that the licence has been recorded against the trade mark registration in question in accordance with the UAE TM law. 

For brand owners to qualify to file, they must have a UAE trade mark registration for their brand in Arabic. Alternatively, and unlike other IDN launches, a UAE registration in non-Arabic script (such as Latin characters) will be able to support a dotEMARAT Sunrise filing provided the domain name is for the Arabic transliteration of the registered trade mark. Additionally, where the rights holder does not have UAE registrations, they can look to rely on registrations for the Arabic brand from any other country, or for the non-Arabic script provided it is registered in a country which is a member of the Arab League.

All supporting registrations whether in Arabic, or non-Arabic script, in the UAE or outside the UAE, must be registered on or before the 1st May 2010 date mentioned above.

Where two different applicants file for the same dotEMARAT domain name in the Sunrise Period, precedence will be given to the applicant who is relying on a supporting UAE registration for the brand in Arabic script. So if one application relies on a UAE registration for the Arabic branding and another relies on a UAE registration for the English branding, the Arabic brand owner would be allocated the domain name. Where the applicants have equal rights (such as both have UAE registrations for the Arabic brand), then an auction will take place (only involving the parties of equal standing) and the domain name would be provided to the highest bidder.

Under the policy, the priority for trade mark registrations will be as follows:

1. Arabic language trade marks registered to a UAE Government Entity;
2. Arabic language trade marks registered in the UAE;
3. Arabic language trade marks registered in other jurisdictions;
4. Non-Arabic language marks registered in the UAE;
5. Non-Arabic language marks registered in other member states of the Arab League.²

dotEMARAT domain names registered during the Sunrise Period will be registered for a period of two years.

Landrush Period

Once the Sunrise Period closes, there will be a general Landrush launch. As yet the TRA has not announced the launch date for the Landrush Period. However, when it does open, names will not be allocated on a first come, first served basis. Where two or more people have applied for the identical domain name, an auction will be held (involving only the applicants who filed in the Landrush Period) and the domain name allocated to the highest bidder.

dotEMARAT domain names registered during the Landrush Period will be registered for a period of two years.

General availability

After the Landrush Period closes, dotEMARAT domain names will be available on general release and from this point on will be allocated on a first come first served basis.

dotEMARAT domain names registered during the general availability phase can be registered for a period of one, two, three, four or five years.  Also these periods can be chosen by registrants when renewing domain names filed during the Sunrise or Landrush Periods.

Rouse comment

The fact that the UAE will accept supporting trade marks that do not contain Arabic script is an unexpected departure for dotEMARAT and one which makes this new IDN a much more attractive possibility for brand owners, particularly those who do not currently own registrations for Arabic branding. It offers rights holders the possibility of protecting the Arabic versions of their registered brands for defensive purposes and/or for using an Arabic language website for commercial purposes.

Brand owners should review their registered portfolios in order to determine whether they hold a qualifying registration(s), which allows them to register the appropriate dotEMARAT ccTLD to meet with their commercial and/or protection needs.

¹ Readers based outside of the UAE should note that Sunday is a working day in the UAE. For rights holders who wish to lodge their applications on the opening day of the Sunrise period, they should aim to instruct their domain name filings on or before Thursday 14th October.
²  The Arab League, also known as the League of Arab States consists of the following member states: Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestinian Authority, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, UAE and Yemen