Registering a Domain Name in the Netherlands

Registration of a domain name in Holland requires applicants to choose a registrator. There’s more than 1,400 registrators in Holland & they’re all listed on the official website of the SIDN. Charged with registering domain names in Holland, the SDN is also responsible for:

• solving Internet-related problems;
• protecting IP rights in Holland;
• preventing harmful Internet content.

After receiving an application from a registrar & ensuring that it doesn’t conflict with its requirements, the SIDN may proceed with registration of a domain name in Holland. The regulator may reject an application if obligations undertaken by an applicant haven’t been fulfilled. If the required criteria are met, the entire registration procedure will only take sixty minutes.

Procedure

Registration of a domain name requires signing an agreement with the SIDN & a registrator & the SIDN (there’s no no expiration period). Unilateral termination of registration is possible by filing a corresponding request with a registrator. Termination of an agreement is also possible if an applicant fails to fulfill their obligations & rectify a violation within one month since receipt of notification.

Domain name registrations in Holland may be transferred. For this, domain name owners should request a registrator for a domain name transfer; however, a transfer must be endorsed by the SIDN. If required, the latter may transfer confidential information to the government, law enforcement agencies & certification bodies.

Netherlands: Resolution of a Dispute Over a Domain Name

Initiating legal proceedings over a domain name violation in Holland requires notifying domain name owners. If no prior notice is issued, courts can deem them premature & not award fair reimbursement of proceedings-related costs.

Settling disputes over domain names in Holland is the exclusive prerogative of district courts. However, only district courts in the Hague can resolve disputes arising from infringement of European TM rights.

Normally, proceedings on the merits take from twelve to eighteen months. Initiating substantive proceedings requires filing a court order. After an order is served on a defendant, they can submit their statement in writing. If an infringement claim is filed by the owner of a domain name, they’ll need to refer to a corresponding TM right to succeed.  The owner of a domain name can initiate litigation against the usage of an identical domain name without invoking TM rights. They can do so if the use of a domain name causes confusion or if it isn’t purely descriptive.

Registration of a domain name doesn’t provide its owners with exclusive rights to file a lawsuit for violation of TM rights in Holland. Non-usage of domain names can also make a difference if a defendant claims that neither a plaintiff nor a registrator have a right to their TM due to not using it (including using it as a domain name).