.com.re FAQ

Article 2.4 - Domain Names subject to prior review

20. AFNIC develops and maintains a list of domain names whose registration is subject to prior review.

21. The list is available on the AFNIC website.

22. This list changes over time and applicants should familiarize themselves with it, it being understood that the list published online is not exhaustive, given that the simple fact of publishing some of these terms may offend certain members of the public.

23. For this type of domain name, the Registrar sends AFNIC the necessary supporting documents beforehand to ensure that the applicant is entitled to register the domain name in question and that it is compliant with the provisions of the French Electronic Communications and Telecommunications Act.

24. In order to register a term subject to prior review, the applicant must ensure that the domain name:

• is not liable to disrupt public order or morality, or the rights guaranteed by the French Constitution or French law;
• is not liable to infringe intellectual property rights or personal rights or is not identical or related to that of the French Republic, of a local authority or group of local authorities, of an institution or a local or national public service, unless the applicant provides proof of a legitimate interest and is acting in good faith.

25. Pursuant to article R 20-44-43, the existence of a legitimate interest may be characterized by:

• the use of the domain name or an identical or related name, as part of an offer of goods or services, or proof that the applicant has taken preparations to do so;
• the applicant is known by an identical name or one related to this domain name, even in the absence of any recognised rights to that name;
• the applicant's non-commercial use of the domain name or related name with no intention to mislead consumers or harm the reputation of a name to which a right has been recognized or established.

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26. Pursuant to article R 20-44-43, bad faith may be characterized by:

• the applicant having obtained or applied for the registration of the name primarily in order to sell, lease or transfer it in some manner to a public body, a local authority or the holder of an identical or related name to which a right has been recognized, and not to effectively operate it;
• the applicant having obtained or applied for the registration of a domain name primarily in order to harm the reputation of the holder of a legitimate interest or a recognised right to that name or a related name, or that of a product or service likened to that name in the minds of consumers;
• the applicant having obtained or applied for the registration of a domain name primarily in order to profit from the reputation of the holder of a legitimate interest or a recognised right to that name or a related name, or that of a product or service likened to that name, by creating confusion in the minds of consumers;

27. When considering the application, AFNIC reserves the right to request any supporting evidence or documents it considers necessary.

28.If the checks are successful, AFNIC sends an authorisation code to the Registrar, enabling it to register the said domain name in accordance with the Procedures Manual.

29. If the application does not meet the review criteria, AFNIC:

• sends the registrar a rejection email;
• shall consider the following application concerning the same domain name.

30. In the event of any dispute, the "Legal Procedure" article shall be applied.