Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be administered by the World Intellectual Property Organization Arbitration
and Mediation Center (the "Center").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (the "Challenger") asserts to the Center, in compliance with the Rules, that:
(i) at the time of your registration of the Domain Name, no current (non-expired) trademark or service mark registration was issued in your name;1
(ii) the Domain Name is not identical to the textual or word elements of the trademark or service mark registration on which the registration of your Domain Name is based;2 or
(iii) the trademark or service mark registration on which the registration of your Domain Name is based is not of national effect;3
(iv) the trademark or service mark registration on which the registration of your Domain Name was based did not issue prior to October 2, 2000.
All challenges under this Policy must be submitted to the Center not later than one hundred and twenty (120) days after the conclusion of the Sunrise Registration Period.
b. How to Demonstrate Your Compliance with the Sunrise Registration Conditions. When you receive a challenge, you should refer to the Rules to determine how your response should be prepared. To demonstrate that you have complied with the sunrise registration conditions of the Registration Agreement, you must submit, as part of your response, an original or a certified copy of a trademark or service mark certificate establishing that:
(i) at the time of your registration of the Domain Name, a trademark or service mark was registered in your name and was current (non-expired), as evidenced by the date(s) set forth in the certificate itself;4
(ii) the textual or word elements of the trademark or service mark registration are identical to the Domain Name;5
(iii) the trademark or service mark registration was of national effect;6 and
(iv) the trademark or service mark registration was issued prior to October 2, 2000.
c. Decision. The challenge will be decided upon by the Center. The Center's determination of whether your response meets the conditions set forth in Paragraph 4(b) will be based solely on a prima facie examination of any trademark or service mark certificates submitted by you. The Center's decision is of an administrative nature and shall be final. The Center shall not be required to state reasons for its decision.
d. Initiation of Proceeding. The Rules state the process for initiating and conducting a proceeding under this Policy.
e. Consolidation. A challenge may not relate to more than one domain name. In the event a Challenger under this Policy submitted more than one challenge against you, either you or the Challenger may petition the Center to consolidate such disputes. The Center may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy.
f. Fees. In accordance with the Rules, the submission of a challenge under this Policy, as well as the submission of a response thereto, is subject to the payment of, respectively, a Challenger's fee and a Respondent's fee in the amount of USD 295, subject to the provisions of Rules, Paragraph 13. All payments are to be made by credit card.
If a challenge is submitted, but the Challenger's fee is not paid in accordance with the Rules, the challenge will be dismissed on the basis of the Challenger's failure to pay its fee. If the Respondent's fee is not paid in accordance
with the Rules, the challenge will be granted on the basis of the Respondent's failure to pay its fee, provided the challenge is in formal compliance with the Policy and Rules. The Rules describe the circumstances under which
either the Challenger or the Respondent will be entitled to a reimbursement of the fees paid.
g. Our Involvement in Administrative Proceedings.
We do not, and will not, participate in the administration or conduct of any proceeding before the Center under this Policy. In addition, we will not be liable as a result of any decisions rendered by the Center.
h. Remedies. The remedies available to a Challenger shall be limited to requiring the cancellation of your Domain Name registration or the transfer of your Domain Name registration to the Challenger.
i. Notification. The Center shall notify any decision made under this Policy with respect to a Domain Name you have registered with us in accordance with the Rules.
j. Implementation of the Decision. The Center will notify its decision to the Registry for implementation. In cases where a prevailing Challenger seeks the transfer of the Domain Name, such Challenger will be provided with an authorization code generated by the Registry which will allow the Challenger to register the Domain Name in its name, at the registrar of its choice, within 10 days of the date on which the notification of the authorization code is sent to the Challenger, in accordance with and subject to the sunrise registration conditions set forth in the Registration Agreement.
k. Multiple Challenges. In the event more than one challenge is submitted to the Center regarding the same Domain Name, the following shall apply:
(i) All such challenges will be queued in accordance with the date and time they were received by the Center. The first challenge to be filed will be granted priority, provided the Center is satisfied that the Challenger concerned paid the Challenger's fee in accordance with the Rules (the "Priority Challenge" and the "Priority Challenger").
(ii) If the Center finds that you have registered the Domain Name in compliance with the sunrise registration conditions set forth in the Registration Agreement, the Center will dismiss the Priority Challenge, as
well as all other challenges in the queue.
(iii) If the Center is unable to find that you have registered the Domain Name in compliance with the sunrise registration conditions set forth in the Registration Agreement, the Priority Challenger will be granted7.
(iv) If a prevailing Priority Challenger sought a cancellation or if the Center is informed by the Registry that a prevailing Priority Challenger who sought a transfer has failed to register the Domain Name in its name by
the end of the time period stipulated in Paragraph 4(j) of this Policy, the Center shall grant the next Challenger in the queue the opportunity to register the Domain Name in its name in accordance with and subject to the sunrise
registration conditions set forth in the Registration Agreement, provided such Challenger has submitted a challenge requesting a transfer which is in formal compliance with the Policy and the Rules, and the Center is satisfied
that the Challenger has paid the Challenger's fee in accordance with the Rules.
(v) The procedure described in Paragraph (iv) will be repeated until the Domain Name has been registered in the name of a Challenger in the queue or until there are no Challengers in the queue. If, upon the expiry of the Sunrise Challenge Period referred to in Paragraph 4(a) above, there are no Challengers in the queue, the Domain Name will be returned to the pool of available domain names in accordance with the Registry's procedures for cancelled domain name registrations.
(vi) As soon as a Domain Name has been registered in the name of a Challenger in accordance with the previous provisions of this Paragraph, the Registry will notify the Center thereof and the Center will notify such
registration to any remaining Challengers. Any remaining Challenger may initiate a new challenge against the new registrant. The Priority Challenger for any such new proceeding will be determined in accordance with
the originally generated queue in relation to the domain name in question, provided the challenge is submitted within thirty (30) days of the notification of the new domain name registration, and any subsequent challenges that have been added.
Afilias reserves the right to modify this Policy at any time with the permission of ICANN. We will post the revised Policy at http://www.afilias.info at least fifteen (15) days before it becomes effective. Unless this Policy has already been invoked by the submission of a challenge to the Center, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any Domain Name registration dispute, whether the dispute arose before, on or after the effective date of the change.
In the event that you object to a change in this Policy, your sole remedy is to cancel your Domain Name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your Domain Name registration.
1 A registration in the supplemental register of the United States Patent and Trademark Office does not qualify as such registration. back
2 Identity will be deemed to exist also where there is a space between the textual or word elements of the mark (e.g., service mark) and a hyphen is used or the elements are combined in the Domain Name (e.g., service-mark.info or servicemark.info) In all other respects, the Domain Name must be identical to the textual or word elements of the mark. back
3 For instance, European Community Trademarks meet the condition of national effect, but United States state trademarks or service marks do not.back
4 Reference is made to footnote 1. back
5 Reference is made to footnote 2. back
6 Reference is made to footnote 3. back
7 The Center will be unable to find that you have registered the Domain Name in compliance with the sunrise registration conditions set forth in the Registration Agreement if inter alia you fail to pay the Respondent's fee referred to in Paragraph 4(f) of this Policy. back