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Client Alert – New rules for registering cancelled domain names in Brazil

Due to the publication of Resolution, the proceeding for registering cancelled domains is now carried out on a monthly basis, lasts six days and no longer covers the right of preference to obtain registration.

At the end of the proceeding, in case there are two or more applicants, the domain name will be subject to a “Competitive Process”, which consists of a kind of auction between the candidates whose minimum bid is of R$ 50.

The first Competitive Processes will include only the approximately ten thousand domain names that are blocked because they have already participated of six consecutive release proceedings under the preceding rules. For now, domain names with more than one applicant in the new release proceeding will have to wait until the current list is exhausted in order to enter the Competitive Process.

Although the new proceeding extinguished the right of preference to registration when the applicant holds any distinction, the owner of a trademark or business name may still stand against the registration of a domain by a third party through the Administrative System of Internet Conflicts (SACI -Adm), by means of a specific procedure initiated before accredited institutions.