5 May 2010 saw the launch of the first fully non-Latin script domain names in Saudi Arabia, the UAE and Egypt.

These "internationalised" domain names (IDNs) will all be in the Arabic language, with the first country to publish the registration requirements being Saudi Arabia. Under these requirements priority registrations will only be available to non-Saudi businesses if they already hold a corresponding Arabic language trade mark registration.

The Saudi Network Information Center ("SaudiNIC") has confirmed that Arabic domain names under the .AlSaudiah domain are to be launched in two phases:

  • Sunrise period (phase one): Trade mark and trade name owners are expected to be given a priority period in which to apply to register Arabic domain names in Saudi Arabia. This "sunrise period" is expected to run from 31 May 2010 to 12 July 2010.

    Where two applications are received for the same Arabic domain name during the sunrise period then priority is to be given first to governmental and semi-government organisations and then to the holder of the priority trade mark or trade name rights.

    In order to register a .AlSaudiah domain name, the applicant must:
  • be physically located in Saudi Arabia;
  • be a Saudi national;
  • be a business licensed to operate in Saudi Arabia; or
  • own a trade mark or trade name registered in Saudi Arabia.

Those businesses which are not located or licensed to operate in Saudi Arabia will have to rely on holding a relevant trade mark or trade name registration in Saudi Arabia. SaudiNIC has indicated that any such registration would have to be in Arabic. A non-Arabic trade mark registration (with an Arabic translation) would not be sufficient.

  • Land rush period (phase two): Arabic domain names are expected to become available under the .AlSaudiah domain on a first come first served basis only once all applications received during the sunrise period have been processed. The "land rush" is expected to start on 27 September 2010.

    As in the sunrise period, the applicant must hold a relevant trade mark or trade name registration in Saudi Arabia or satisfy one of the other four requirements listed above. However, SaudiNIC has indicated that it will apply the requirement to hold a relevant registration less strictly during the land rush period.

    Specifically, SaudiNIC has stated that it will accept applications to register Arabic domain names during the land rush period supported by non-Arabic trade mark registrations and even by non-Arabic trade mark applications (provided that any application has been accepted by the Trade Marks Office and published in the Saudi Gazette).

Key issues for brand owners

The immediate issue for any overseas business seeking to obtain an Arabic domain name in Saudi Arabia is whether it holds an appropriate Arabic language trade mark registration in Saudi Arabia, in order to enable it to obtain the domain it is seeking to register during the sunrise period.

Arabic trade mark registrations may also become very important when it comes to enforcement. By applying to register an Arabic language trade mark before the sunrise period opens, brand owners will ensure that they have evidence of trade mark rights which pre-date any domain name which is then registered incorporating the same trade mark. This may well prove critical in any action to recover the domain name.

In the longer term, it will become necessary for brand owners to establish an appropriate watch service to monitor for the registration of domain names which incorporate their trade marks.

By taking these steps brand owners will be able to maximise the opportunity that Arabic domain names provide, while at the same time ensuring that they minimise the risk of problems arising, such as cybersquatting.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.