The Belgian company Merak NV challenged the rejection of its application for the Domain merak.eu. This company holds two figurative Community trademarks (and a third one subject to opposition) where the dominant element is "MERAK".
The complainant was the first applicant for merak.eu, but the name was granted to the second applicant, after the Registry took into account that (one of) the first applicant's trademark was subject to opposition.
Though a trademark which is subject to opposition cannot be considered a prior right under the 874/2004 EC Regulation, the Registry could not (of course) disregard the two other trademark registrations submitted by the application. Therefore, the Panel ordered that the EURid's decision be annulled (but chose not to transfer the name to the complainant, though this is possible under article 22.11).