Choosing and registering your domain name: .fr, .com and disputes

Choosing the right domain name

• The same as your Name: your customers will type it as is.
• Checked before registration: a domain that infringes a registered Trademark exposes you to an infringement action, an unfair competition claim if there is a likelihood of confusion, or a claim for free-riding (parasitism). Service-public.fr recommends checking, before registering, that the name is not protected by a Trademark.
• The useful extensions: .fr for French customers, .com for international business. Registering both prevents a third party from taking the other.

Registering a .fr

• The .fr is managed by Afnic. You register it through an accredited registrar; prices are unregulated, so it is worth comparing.
• Requests are processed in chronological order: first come, first served.
• Registration lasts from 1 to 10 years and renews automatically.
• The holder must reside (or have their registered office) in the European Union, Iceland, Liechtenstein, Norway or Switzerland, and remain reachable with accurate, up-to-date contact details.
• .com, .net and .org are registered through an ICANN-accredited registrar; the .com registry is Verisign.

A company may also, optionally, declare its domain name in the national business register (Registre national des entreprises).

Who is behind a domain name?

For a .fr, Afnic's naming policy provides for “restricted disclosure” by default for individuals, at the request of the CNIL and in application of the GDPR: only technical information is published. This data can be disclosed by court order, at the request of an authorised body, or through a request for disclosure of personal data, which Afnic may refuse. For a legal entity, the holder's information is in principle published.

Recovering a domain that uses your Trademark

Free mediation by Afnic is available before any procedure. Going to court always remains an option.

For a .fr: SYRELI or PARL EXPERT

These procedures are open to anyone who can show an interest in bringing proceedings. They cover in particular a domain name likely to infringe intellectual property or personality rights, unless the holder shows a legitimate interest and is acting in good faith.

	SYRELI	PARL EXPERT
Who decides	An Afnic panel	An expert chosen by Afnic and WIPO
Cost	€250 excl. VAT	€1,500
Holder's response	21 days	21 days
Duration	2 months	2 months
Possible outcome	Transfer, deletion or rejection	Transfer, deletion or rejection

The decision is enforced 15 days after notification, unless a party goes to court. The domain name remains frozen until then.

For a .com: WIPO's UDRP

The complainant must prove three cumulative conditions:

1. the domain name is identical or confusingly similar to their Trademark;
2. the holder has no rights or legitimate interests in the name;
3. the name was registered and is being used in bad faith.

The procedure normally takes 2 months. It costs USD 1,500 for 1 to 5 names with a single expert, USD 4,000 with three experts.