Coordination Center for TLD RU

 

PROVISIONS FOR PRIORITY REGISTRATION IN IDN TLD .ÐÔ

 

Index of the document

Version 
24.03.10

Approved by decision
2009-03/22 
îò 24.03.10

Effective date
25.03.10

Status of document
mandatory

Cancelled (modified) by decision

Expiry date

 

The present Provisions for priority registration of domain names in IDN TLD .ÐÔ (hereinafter referred to as “Provisions”) is an Addendum to the Terms and Conditions of registration of domain names in IDN TLD .ÐÔ (hereinafter “Terms and Conditions”) and shall determine conditions, procedure and timelines for registration of domain names in IDN TLD .ÐÔ for the holders of exclusive rights to trade marks within the priority registration period.
1. MAIN TERMS
Priority registration – registration of domain name by the holder of exclusive rights on a trademark/service mark (hereinafter “trademark”) within the timeline determined hereof.
Other terms and definitions used in the present Provisions are specified in the Terms and Conditions.
2. GENERAL PROVISIONS
2.1. For registration of domain name within the priority registration period the Registrar shall exercise the following: 
2.1.1. Checking the holder’s eligibility for priority registration of domain names; 
2.1.2. Introduction in the Registry of the information required for the registration of domain name, including: 
- provision of domain name; 
- details about the Registrant (Administrator); 
- details of the document proving the exclusive right of the Registrant (Administrator) to the trademark.
2.2. Delegation of the domain name registered within the priority registration period will be possible no later that in 1 (one) month after posting information on IDN TLD .ÐÔ on the root servers of the global DNS (delegation of IDN TLD .ÐÔ).
3. CONDITIONS OF PRIORITY REGISTRATION
3.1. Priority registration shall be exercised with regard to the domain name that corresponds to the word part of the trademark registered with respect to any goods or services on condition of observance with the following requirements: 
3.1.1. The trademark should be registered in compliance with the national procedure in the Russia Federation or in compliance with an international procedure with a reference to Russia and possess the status of the effective trademark as of the date of application to the Registrar. 
3.1.2. Registrable domain name should: 
- comply with the requirements to a domain name eligible for registration in compliance with the Terms and Conditions; 
- fully reproduce the word part of the trademark or fully coincide with the word part of the trademark after the removal of blank spaces or replacement of blank spaces with hyphens. At the same time, the word part of the trademark should contain no less than one protected element.
3.2. The domain names which correspond to the trademarks entirely consisting of unprotected elements are not entitled for priority registration.
3.3. The holder of the exclusive right to the trademark shall be entitled to become the Administrator; meanwhile: 
3.3.1. In the event the trademark certificate comprise a record about disposition of exclusive rights to the trademark with regard to all goods and services, then it shall be solely the person in whose favor the exclusive rights have been dispossessed (acquirer of rights) that may be registered as the Administrator of the domain name; 
3.3.2. In the event the exclusive rights to the trademark have been dispossessed with regard to goods and services, then the one of right holders who was the first to submit an application for registration of the domain name may be registered as the Administrator; 
3.3.3. In the event a person by the license agreement has been granted the right to use the trademark then it shall be the person who is the owner of the exclusive rights to the trademark that may be registered as the Administrator of the domain name.
3.4. In the event there are two or more applications for priority registration for one and the same domain name, a positive decision regarding domain name registration shall be taken with respect to the Registrant who has been the first to comply with the requirements of priority registration and has complied with the conditions of an agreement with the Registrar.
4. PROVISIONS FOR THE PRIORITY REGISTRATION
4.1. Priority registration shall be exercised by the Registrars in compliance with the Terms and Conditions and the present Provisions.
4.2. For registration of the domain name the Registrant shall be obligated to submit to the Registrar: 
4.2.1. The application for priority registration of the domain name. The application form shall be determined by the Registrar; 
4.2.2. Copies of the following documents, certified by the Registrant’s stamp: 
4.2.2.1. Trademark certificate or international certificate (license) with confirmation that it has come into effect in the territory of the Russian Federation; 
4.2.2.2. Registration certificate of the Registrant as legal entity or as individual entrepreneur, or documents confirming registration of the Registrant as a legal entity issued in compliance with requirements of the country of registration (for foreign legal entities). 
4.2.3. The Registrar shall determine the way the Registrant submits the documents.
4.3. On receipt of the Registrant’s application, the Registrar shall be obligated to do the following: 
4.3.1. Examine details and documents submitted by the Registrant and ensure that the Registrant is eligible for priority registration of domain names; 
4.3.2. Where the Registrant is eligible for priority registration of domain name: 
- obtain the presentation of the domain name in the Registrant's application; 
- in the event of the Registrant’s compliance with the conditions of an agreement with the Registrar, dispatch to the Registry a request for registration of the presentation of the Cyrillic domain name; 
- notify the Registrant (Administrator) of the outcome of the registration request. 
4.3.3. The Registrar is obligated to process the application within 10 (ten) working days from the date of receipt of all documents provide for by paragraph 4.2. hereof. By results of processing of the Registrant’s application the registrar shall be obligated prior to the end of the above mentioned timeline submit confirmation of the domain name registration or submit a refusal in writing specifying the reasons.
4.4. Within the lifetime of the present Provisions, the Administrator of domain name may not: 
- transfer the rights to administration to another individual, except for the events of dispossession of exclusive rights to the trademark with regard to all goods and services; 
- transfer support of domain name to another Registrar.
5. CANCELLATION OF REGISTRATION
5.1. Registration of the domain name completed within the priority registration period shall be cancelled by the Registrar in the event of violation of requirements specified in paragraphs 3.1. – 3.3. hereof and (or) disclosure of false information submitted by the Registrant (Administrator)in compliance with paragraph 4.2.2 hereof.
6. TIMELINES FOR PRIORITY REGISTRATION
6.1. Applications for priority registration of domain names shall be accepted from 25 November 2009 through 23 April 2010 inclusive.
6.2. The end of the priority registration period is 11 May 2010.
7. PROVISIONS FOR INTRODUCTION OF CHANGES. THE LIFE OF THE PROVISIONS
7.1. The present provisions may be modifyed on the decision of the Coordinator. The Coordinator shall be obligated to notify the Registrars about the changes hereof in no less than 10 (ten) calendar days prior to the date the changes coming into effect.
7.2. All activities associated with domain names registered (registrable) following the priority registration procedures shall be exercised in compliance with a wording hereof effective as of the date of undertaking those actions.
7.3. The present Provisions shall be effective within 1 (one) year upon the priority registration period specified in paragraph 6.2. hereof.