|Óòâåðæäåíî:||Ðåøåíèåì Äèðåêòîðà Ôîíäà ïîääåðæêè ñåòåâûõ èíèöèàòèâ «Ðàçóìíûé Èíòåðíåò» (Ïðèêàç ¹3 îò 03.03.2014)|
|Äàòà íà÷àëà äåéñòâèÿ:||07 àïðåëÿ 2014 ãîäà|
|Äàòà îêîí÷àíèÿ äåéñòâèÿ:|
.ÄÅÒÈ Sunrise Registration Policy
This .ÄÅÒÈ Sunrise Registration Policy (hereinafter referred to as the “Policy”) sets out the terms and conditions under which holders of trademarks (service marks) registered with the TMCH shall be given priority in receiving domain name registration services, as well as the procedure and the terms and conditions for providing such .ÄÅÒÈ Sunrise Registration services.
2. Terms, Definitions and Acronyms
2.1. Terms and Conditions mean Terms and Conditions of Domain Name Registrations in .ÄÅÒÈ gTLD, the current version of which is posted on the Registry Operator’s official website at http://dotdeti.ru/docs/.
2.2. .ÄÅÒÈ Sunrise Registration (.ÄÅÒÈ Sunrise Registration of a domain name) means registration of second-level domains not on the first come – first served basis, but conducted prior to the open (to everyone) domain registration, exclusively for entities identified in this Policy and on the conditions established by this Policy.
2.3. Trademark (service mark), TM is/means a distinctive sign used to individualize and make difference between identical or similar goods, products, works and/or services offered by different producers or service providers.
The following categories are not considered to be Trademarks:
- trademark applications;
- certification and guarantee marks.
2.4. TM Holder, Holder means the holder of the exclusive right to the trademark (service mark).
2.5. Trademark Clearinghouse, TMCH is a centralized database of verified information about trademarks (service marks) and the Holders of these trademarks (service marks). The registration and verification of trademarks (service marks) with the TMCH should be carried out by TM holders in the manner and on the terms established by the TMCH and posted on its official website at http://trademark-clearinghouse.com/.
2.6. Signed Mark Data (SMD) Files, SMD file is a file issued to the Holder of a trademark (service mark) at the time of registration with the TMCH.
2.7. Auction Rules is a document that describes auction rules and procedures. Its current version is available on the Registry Operator’s official website at http://dotdeti.ru/docs/.
2.8. Nice Classification (NCL) means International Classification of Goods and Services for the Purposes of the Registration of Marks, which was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957, was revised at Stockholm, in 1967, and at Geneva, in 1977, and was amended in 1979
2.9. Other terms and acronyms used in this Policy shall be construed in accordance with their definition provided in the Terms and Conditions and other addenda.
3. Main provisions and requirements
3.1. .ÄÅÒÈ Sunrise Registration services are provided based on and in accordance with the Terms and Conditions, this Policy, other addenda to the Terms and Conditions, ICANN policies, the registration agreement and other applicable documents.
3.2. The period during which the Registry Operator will be collecting .ÄÅÒÈ Sunrise Registration applications from registrars is determined exclusively by the Registry Operator and posted on its official website no less than ten (10) calendar days before the beginning date for accepting the applications. In any case, the duration of this period may not be less than sixty (60) calendar days.
The Registry Operator may at any time change the beginning and/or the closing date for collection of .ÄÅÒÈ Sunrise Registration applications by posting respective information on its official website no less than ten (10) calendar days prior to such changes.
3.3. During the first year of domain registration the following actions with the domain name registered in accordance with the priority procedure are banned: (i) transferring the domain to another registrant, and (ii) transferring the domain to another registrar (Section 5.3. of the Terms and Conditions).
3.4. Requirements to Applicant. The right to .ÄÅÒÈ Sunrise Registration in accordance with this Policy shall be granted exclusively to TM Holders.
3.5. TM requirements. Pursuant to this Policy, the right to .ÄÅÒÈ Sunrise Registration shall be granted exclusively to TM Holders who meet all of the following requirements:
3.5.1. TM must be registered and verified by the TMCH (the TM should have its status marked as "verified");
3.5.2. TM must either be properly registered by an appropriate intellectual property authority in accordance with national, or regional, or international procedure, or such TM must be validated by a competent judicial authority’s ruling or protected by law or a treaty;
3.5.3. TM registration either has to be in effect, or the date of registration of the rights thereto, or the date of the commencement of protection of the rights thereto, or the date of commencement of the use thereof, duly proved, should be, no later November 20, 2013 (inclusive), or should have the priority date prior to June 13, 2013;
3.5.4. TM registration should not expire before November 1, 2014;
3.5.5. TM should be used only in relation to such goods, products, work and/or services that are consistent with the Mission and the values of the .ÄÅÒÈ gTLD (Article 2 of the Terms and Conditions), for example: a registrar or the Registry Operator may refuse to provide .ÄÅÒÈ Sunrise Registration, if a TM is registered or used only under the NCL 33 and/or 34 class or a TM is registered or used only in relation to alcoholic beverages (NCL class 32, if soft drinks are excluded from the list of goods and/or services).
3.6. Registrar requirements. .ÄÅÒÈ Sunrise Registration services are provided only by registrars who have successfully passed integration testing at the TMCH Sunrise and Claims Operator (IBM) and have been properly certified to work with the Trademark Database (TMDB) information system. The list of such registrars is available on the Registry Operator’s official website at http://dotdeti.ru/foruser/registrars/.
4. The procedure for ordering .ÄÅÒÈ Sunrise Registration services
To order a .ÄÅÒÈ Sunrise Registration service, a TM Holder must:
(a) submit to a registrar who has successfully passed integration testing (Section 3.6. of this Policy) documents, information and data that are required for signing a registration agreement (Section 3.6 of the Terms and Conditions) and sign a registration agreement with such a registrar (Section 3.5. of the Terms and Conditions);
(b) file an application with the registrar for a .ÄÅÒÈ Sunrise Registration service indicating the requested domain name, and the desired registration deadline (.ÄÅÒÈ Sunrise Registration is available for the registration deadline set out in Section 4.1. of the Terms and Conditions);
(c) submit the SMD file, other information required by the registrar and TM information, to the registrar.
The registrar determines the form, the deadline, the manner and the method of filing an application to the registrar and providing it with the documents, information and data, as well as the processing time for such applications.
5. .ÄÅÒÈ Sunrise Registration application requirements
5.1. The .ÄÅÒÈ Sunrise Registration application must meet all of the following requirements (an application that does not meet at least one of the following requirements must be rejected by the registrar):
5.1.1. the domain name is not included in the list of reserved domain names in accordance with the Domain name reservation policy in .ÄÅÒÈ gTLD (subsection (a) section 4.5. of the Terms and Conditions);
5.1.2. the domain name meets all the requirements indicated in subsection (b), section 4.5. of the Terms and Conditions);
5.1.3. all information required for registering a domain has been provided (including a valid SMD file);
5.1.4. a description of the purpose of registration of the domain (no more than 150 characters, including spaces), which is consistent with the Mission and the values of the .ÄÅÒÈ domain (subsection (d) section 4.5. of the Terms and Conditions).
5.2. A .ÄÅÒÈ Sunrise Registration application may be rejected if the registrar believes that the domain name is inconsistent with the Mission and the values of the .ÄÅÒÈ domain (sections 4.7. and 4.8. of the Terms and Conditions).
5.3. The registrar shall inform the applicant of the reasons for rejecting the application.
6. Application processing procedure
6.1. All .ÄÅÒÈ Sunrise Registration applications received from registrars shall be processed by the Registry Operator within not more than thirty (30) calendar days following the end date of the application collecting period.
6.2. While processing the applications, the Registry Operator may request that the applicant provide explanations, additional information, materials, data, information, documents, etc. that the Registry Operator needs in order to verify compliance of the applicants and their TM’s with the requirements set out in sections 3.4. è 3.5. of this Policy. Such additional explanations, information, materials, data, documents, etc. must be submitted by the applicant to the Registry Operator within two (2) business days of the Registry Operator’s email request.
6.3. A .ÄÅÒÈ Sunrise Registration application can be rejected if the Registry Operator finds out during the course of processing that:
6.3.1. at least one of the requirements listed in section 5.1. of this Policy is not met; and/or
6.3.2. the digital signature in the SMD file is incorrect; and/or
6.3.3. the SMD file has been revoked; and/or
6.3.4. the SMD file has expired at the time the application was received; and/or
6.3.5. the SMD file does not belong to the applicant (the applicant is not the Holder of the TM registered with the TMCH); and/or
6.3.6. The domain name in A-label format (in Punycode) does not coincide with any of the marks in the SMD file and coded between -----BEGIN ENCODED SMD----- and -----END ENCODED SMD-----of such an SMD file; and/or
6.3.7. The requirements set out in sections 3.4. and 3.5. of this Policy have not been met.
6.4. An application for .ÄÅÒÈ Sunrise Registration may be rejected by the Registry Operator if:
6.4.1. The Registry Operator believes that the domain name is inconsistent with the Mission and the values of the .ÄÅÒÈ domain (sections 4.7. è 4.8. of the Terms and Conditions); or
6.4.2. the applicant failed to provide required explanations, additional information, materials, data, information, documents, etc. to the Registry Operator by the deadline specified in section 6.2. of this Policy.
6.5. The applicant will be notified by email about the approval or rejection of the application (stating the reasons for rejection).
6.6. If there is only one approved .ÄÅÒÈ Sunrise Registration application for the domain name, such an application shall be rewarded and a domain name shall be registered before expiration of the application processing period specified in section 6.1. of this Policy.
6.7. If there are two or more approved .ÄÅÒÈ Sunrise Registration applications for the same domain name, the right to priority registration of such a domain name will be determined at a private auction in the manner prescribed in the Auction Rules.
7. Checking compliance with the Policy
7.1. The Registry Operator may at any time, without prior notice, at its own discretion or based on an objection filed in accordance with the .ÄÅÒÈ Dispute Resolution Policy for Sunrise period and Limited Registration periods, check the compliance of registrars, applicants and registrants with the terms and conditions of this Policy.
7.2. Upon detection of a domain name registered during the .ÄÅÒÈ Sunrise Registration period which does not comply with this Policy, the Registry Operator :
- introduces a ban on transfers of a registered domain name or suspend the processing of an application for .ÄÅÒÈ Sunrise Registration of a domain name;
- if necessary, issues an email request to the applicant or the registrant asking them to provide an explanation or any additional materials and documents that the Registry Operator believes are sufficient to confirm the eligibility of the applicant or the registrant to .ÄÅÒÈ Sunrise Registration.
7.3. Registrars, applicants and registrants are required to provide the information, materials, data, documents, etc. that the Registry Operator may need within two (2) business days of the receipt of a corresponding email request from the Registry Operator.
7.4. Should the registrar, applicant or registrant fail to provide explanations and/or additional materials and documents within two (2) business days following the day the Registry Operator’s emailed its request, the registration of such a domain name may be canceled and the application for .ÄÅÒÈ Sunrise Registration may be rejected.
7.5. If the Registry Operator believes that the submitted explanations and/or additional materials and documents do not support the eligibility of the applicant or registrant for .ÄÅÒÈ Sunrise Registration, or the submitted explanations and/or materials and documents are not sufficient for a positive decision, the registration of the domain name may be cancelled and an application for .ÄÅÒÈ Sunrise Registration may be rejected.
7.6. If the Registry Operator believes that the explanations and/or additional materials and documents provided are sufficient to confirm the eligibility of the applicant or the registrant for .ÄÅÒÈ Sunrise Registration, the ban on any transfer of the registered domain name shall be lifted, and the application for .ÄÅÒÈ Sunrise Registration shall be accepted for further processing.
7.7. The Registry Operator issues an email notification to the registrar, the registrant or the applicant about any and all of its decisions.
8. Final provisions
8.1. This Policy is an addendum (integral part) to the Terms and Conditions.
8.2. This Policy comes into effect on the day indicated in the header of the document, and will automatically terminate upon expiration of the first year of registration of the domain most recently registered in accordance with this Policy.
8.3. The Registry Operator may decide to change, supplement, update, revise or cancel this Policy at any time prior to the first day of acceptance of the .ÄÅÒÈ Sunrise Registration applications (section 3.2. of this Policy).
The translation of the Policy into English performed by the Registry Operator in accordance with section 8.1 of the Terms and Conditions shall not be deemed as official text of this Policy and as such does not imply any responsibilities other than those stipulated in the Russian-language version of the Policy.