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Registering a domain name: procedures and legal precautions

By Yasmine EDDAM1 May 2025

Registering a domain name: procedures and legal precautions

Registering a domain name is a strategic step for any business. This choice affects your digital identity and can have an impact on both your reputation and your commercial activity. Understanding the allocation mechanisms and legal precautions is essential to securing this asset.

The world naming organisation

Role of ICANN

The Internet Corporation for Assigned Names and Numbers (ICANN) coordinates the domain addressing system. This Californian company manages the root of the system and oversees the creation of top-level domains. Its role is limited to technical coordination and not to the direct allocation of names.

ICANN delegates operational management to other entities, which set their own allocation rules within the established contractual framework. This explains the predominance of private rules in the domain name system.

Registration offices and registrars

The registries manage the top-level domains. For two-letter country codes (.fr, .uk, .de), management generally falls to the state concerned or to a delegate. The Association Française pour le Nommage Internet en Coopération (AFNIC) manages .fr and .re.

For the other TLDs (.com, .org, .net), responsibility lies with private entities. These registries define the conditions for allocating names in their respective domains.

Registrars act as intermediaries between users and the registries. They market domain names and sometimes add their own rules to the framework set by the registries.

The different types of domain

Extensions fall into several categories:

Open areas(.com, .net, .org) accessible to all without any particular restriction.
Restricted areasdomain names: limited according to the quality of the applicant (.aero for aviation, .museum for museums) or the intended use (.cat for sites in Catalan).
Closed domainsreserved for a specific use (.gov for the US administration) or a specific entity (such as .bnpparibas).
Country codes (ccTLD)based on the ISO 3166-1 standard, managed according to the rules set by the corresponding country.

The choice of extension depends on your business and your online presence strategy.

Domain name registration procedure

First come, first served

The fundamental principle for allocating domain names remains "first come, first served". This rule applies in most open domains. It implies a certain reactivity to secure strategic names.

For French domains, the French Post and Electronic Communications Code states that "the domain name is allocated to the eligible applicant who is the first to submit a valid application" (article L.45-1).

There are exceptions to this rule, particularly during the launch periods of new TLDs, when trademark holders often benefit from priority access.

Recommended preliminary checks

Before registering, a number of checks need to be carried out:

Technical availabilityIs the desired name not already assigned?
Linguistic validityDoes it comply with the technical constraints (authorised characters, length)?
Legal precedentsAre there any trademarks, trade names or other similar rights?
Meaning and connotationsDoes the name chosen present any image risks in different languages?

These simple checks can avoid costly disputes.

Technical and contractual conditions

Registration implies acceptance of the registrar's general terms and conditions and the rules of the relevant register. These membership contracts specify:

The duration of the award (often one year, renewable)
Renewal conditions
Possible grounds for suspension or withdrawal
Applicable dispute resolution procedures

The UDRP (Uniform Domain Name Dispute Resolution Policy) procedure is generally one of these conditions for generic domains such as .com.

The special case of French domain names

Specific legal framework

French domain names (.fr, .re, .yt, etc.) benefit from a precise legal framework in the French Post and Electronic Communications Code (articles L.45 to L.45-8 and R.20-44-38 to R.20-44-47).

This framework defines the conditions for granting, refusing and withdrawing licences, as well as the procedures for settling disputes. This legislative approach is still rare worldwide, with most countries relying on contractual standards.

Role of AFNIC

AFNIC, designated as a registrar by ministerial decree, has significant prerogatives:

Refusing to register names that contravene the rules
Deleting names in certain cases provided for by law
Transferring names following a SYRELI procedure

These powers have been described as "prerogatives of public authority" by the administrative judge (TA Versailles, 19 November 2012).

Conditions of eligibility

Article L.45-3 of the CPCE limits the registration of French names to:

Individuals resident in the European Union
Legal entities with their registered office or principal place of business in the EU

This territorial restriction, which also applies to .eu, distinguishes national domains from generic domains open to all.

Essential legal precautions

Prior art searches

A prior art search is the essential preliminary step. It must cover:

Registered trademarks (INPI, EUIPO, WIPO databases)
Trade names and company names
Existing domain names in different extensions

A similar earlier trademark can be the basis for an infringement action against the use of a domain name. Our analyses of conflicts between domain names and distinctive signs detail these risks.

Monitoring new extensions

The domain name ecosystem is constantly evolving with the creation of new extensions. This multiplication requires regular monitoring to:

Protecting your brands in strategic extensions
Watch out for confusingly similar names
Anticipating business opportunities

This monitoring can be automated using dedicated tools or outsourced to specialist service providers.

Name protection strategy

There are several aspects to a preventive approach:

Defensive registration in the main TLDs (.com, .fr, .net, etc.)
Variant protection (common spelling mistakes, plurals, etc.)
Active surveillance new similar registrations
Documentation of use to strengthen your rights in the event of a dispute

This preventive strategy costs less than litigation. As explained by our article on the legal status of domain namesActual use considerably strengthens legal protection.

Domain name lifecycle management

Renewal and maintenance

Regular renewal of the registration is the basis of good management. An oversight can lead to the permanent loss of the name, with severe consequences:

Break in service (website, emails)
Damage to brand image
Possibility of appropriation by third parties

Warning and automatic renewal systems limit these risks.

Transfers and modifications

Operations on domain names (change of holder, change of registrar) follow strict procedures:

Authorisation codes to be obtained
Safety deadlines
Validation by email generally required

These mechanisms protect against domain hijacking.

Dispute management

In the event of a dispute, there are several avenues open to you:

Alternative procedures (UDRP for generic domains, SYRELI for .fr)
Traditional legal action (counterfeiting, unfair competition)

The choice depends on your circumstances and objectives. Our guide to contentious proceedings relating to domain names takes a closer look at these options.

However, prevention is still preferable to litigation. Careful registration and rigorous management avoid most disputes.

For an overview of these issues, see our a complete guide to domain name law for businesses.

Preventive and strategic management of your domain names deserves the support of professionals. Our firm offers a personalised advice on domain names and intellectual property to secure your digital assets.