Решением Генерального директора ООО «Координационный центр Регионального домена Республики Татарстан» (Приказ № 005/TATAR от 12.12.2014)
|Дата начала действия:||12.12.2014|
|Дата окончания действия:|
This .TATAR Exclusive Registration Policy (hereinafter referred to as the “Policy”) sets out terms and conditions under which holders of trademarks (service marks) registered with the TMCH shall be granted priority in receipt of domain name registration services for Affected Names, as well as a procedure and terms and conditions for provision of such sunrise registration services.
2. Terms, Definitions and Acronyms
2.1. Terms and Conditions means .TATAR Terms and Conditions of Domain Names Registrations, the effective wording of which is posted on the Registry Operator’s official website at http://domain.tatar.
2.2. .TATAR Exclusive Registration means exclusive registration of second-level domains from the list of Affected Names (the list of such domains is given in Exhibit 1hereto) not on the first come – first served basis exclusively for entities identified in this Policy and on the conditions established by this Policy.
2.3. Trademark (service mark), TM is a distinctive mark used for individualization and making distinction between identical or similar goods, products, works and/or services offered by different producers or suppliers of such goods, products, works or services.
The following categories are not considered to be Trademarks:
- trademark applications;
- certification and guarantee marks.
2.4. TM Holder, Holder means a 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 effective version is available on the Registry Operator’s official website at http://domain.tatar.
2.8. 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 to the Terms and Conditions.
3. Main provisions and requirements
3.1. The exclusive registration services are provided basing on and in accordance with the Terms and Conditions, this Policy, other addenda thereto, ICANN policies, the registration agreement and other applicable documents.
3.2. The period during which the Registry Operator will be collecting sunrise registration applications.
- The commencement date and the commencement time: January 16, 2015 12:00 msk
- The termination date and time: February 15, 2015 12:00 msk
3.3. The Registry Operator will not accept and consider applications received upon expiration of the established deadline. Where the deadline was missed, it may not be reinstated.
3.4. The domain name exclusive registration is available over the length of registration set out in Par. 4.1 of the Terms and Conditions.
3.5. During the first year of registration, the following acts with the domain name registered in accordance with the priority procedure are banned: (i) its transfer to another registrant (Par. 5.3 of the Terms and Conditions), and (ii) its transfer to another registrar (Par. 5.4 of the Terms and Conditions).
3.6. The exclusive registration services are delivered only by the registrars who have successfully passed the Integration Testing with the TMCH Sunrise and Claims Operator (IBM) and have been properly certified to operate the Trademark Database (TMDB) information system. The list of such registrars is available on the Registry Operator’s official website at http://domain.tatar.
4. Requirements to applicants and trademarks (service marks).
4.1. Requirements to applicants. The right to exclusive registration in accordance with this Policy shall be granted exclusively to TM Holders.
4.2. TM requirements. Pursuant to this Policy, the right to exclusive registration shall be granted exclusively to holders of those TM which have been registered and activated in TMCH (where in TMCH they were granted the status “verified”)
5. Requirements to domain names
5.1. Exclusive registration may only be conducted with regard to such a domain name, which
5.1.1. inserted into the “Affected names” list; and
5.1.2. meets the requirements set forth in sub-par (a) and (b) par. 4.5. of the respective Terms and conditions; and
5.1.3. 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.
6. The procedure for ordering the exclusive registration services.
To order an exclusive registration service, a TM Holder should:
(a) submit to a registrar, who has successfully passed the integration testing (Par. 3.6 of this Policy) documents, information and data required for signing the registration agreement (Par. 3.6 of the Terms and Conditions) and sign the registration agreement with that registrar (Par. 3.5 of the Terms and Conditions);
(b) file an application with the registrar for the exclusive registration service, which should meet the requirements set forth by Art. 7 of the present Policy);
(c) submit his/her SMD file to the registrar;
(d) submit other required by the registrar information and TM information and information of him-/her-/ itself and his/her/its TM to the registrar.
The registrar determines the form, timelines, procedure and manner of filing the application to the registrar and submission of documents, information and data, as well as application collection and processing timelines.
7. Requirements to the exclusive registration application
7.1. The Exclusive Registration application shall meet all of the below requirements (where an application fails to meet at least one of the below requirements, it shall be dismissed by the registrar):
7.1.1. There have been submitted all the necessary (sufficient) for the ordering of the exclusive registration service information, data, records and/or documents (Art. 6 of the present Policy);
7.1.2. the domain name meets all the requirements set forth in Art. 5 of this Policy);
7.1.3. there has been provided the description of the purpose of the domain registration (no more than 150 characters, including spaces), which is consistent with the Mission and values of the .TATAR domain (sub-par. (d) par. 4.5 of the Terms and Conditions).
7.2. The application for exclusive registration may be declined by the registrar where the registrar believes that (i) the purpose of the domain registration appears inconsistent with the .TATAR gTLD’s Mission and Values; and/or (ii) the applied-for domain name proves inconsistent with the .TATAR gTLD’s Mission and Values
7.3. The registrar shall inform the applicant of the reasons for rejection of the application.
8. Application processing procedure
8.1. All the collected from registrars exclusive registration applications shall be processed by the Registry Operator within no more than thirty (30) calendar days following the application collecting period end date.
8.2. During the applications processing period, the Registry Operator reserves the right to request from the applicant explanations, additional information, data, records, documents, etc. to verify the applicants and their TMs’ compliance with the requirements set out in Art. 4 of this Policy. The applicant shall submit such explanations, information, records, data, documents, etc. to the Registry Operator within two (2) business days upon dispatching by the Registry Operator of a request by electronic mail.
8.3. An application exclusive registration may be rejected where:
8.3.1. As of the moment of its processing the Registry Operator finds out that: (i) the applicant and/or his/her TM fail to comply with the requirements set forth by Art. 4 of the present Policy; and/or (ii) the applied-for domain name TM fails to comply with the requirements set forth by Art. 5 of the present Policy; and/or
8.3.2. the digital signature in the SMD file is incorrect and/or the SMD file has been revoked; and/or
8.3.3. the SMD file has expired at the time the application was received; and/or
8.3.4. Where the Registry Operator believes the purpose of the domain registration appears inconsistent with the .TATAR gTLD’s Mission and Values; and/or the applied-for domain name proves inconsistent with the .TATAR gTLD’s Mission and Values; and/or
8.3.5. The applicant failed to provide requested explanations, additional information, records, data, information, documents, etc. to the Registry Operator by the timeline specified in Par. 8.2 of this Policy.
8.4. The applicant will be notified by electronic mail of rejection of the application (with reference to reasons therefor) within 3 (three) business days from the moment the decision to reject the application has been made.
8.5. Where there has been received a sole approved exclusive registration application for an applied-for domain name, that domain name shall be registered before the expiration of the application processing period timelines specified in Par. 8.1 of this Policy.
8.6. Where there are two or more approved exclusive registration applications for the same domain name, the right to exclusive registration of such a domain name will be determined by means of closed auction in the manner prescribed by the Auction Rules.
9. Executive control over compliance with the Policy
9.1. The Registry Operator may at any time, without prior notice, in its own opinion or basing on an objection filed in accordance with the .TATAR Dispute Resolution Policy for Exclusive Registration period, verify registrants’ compliance with the terms and requirements set forth by this Policy.
9.2. Upon detection of a domain name registered during the exclusive registration period which does not qualify for requirements of this Policy, the Registry Operator:
- imposes a ban on any transfer or change of administrator of that registered domain name for the duration of the such verification;
- where required, demands by electronic mail from the registrant and/or the registrar concerned explanation or any additional records, information, data and documents in witness of the registrant’s eligibility for exclusive registration per the present Policy to .TATAR.
9.3. Registrars and registrants are bound to provide information, records, data, documents, etc. that the Registry Operator may need within two (2) business days upon receipt of a corresponding request by electronic mail from the Registry Operator.
9.4. Where the Registry Operator has not received within the timeline set forth in Par. 9.3 of the present Policy demanded explanations, information, records, data, documents etc. and/or where the Registry Operator believes that such explanations, information, records, data, documents etc. do not support the registrant’s eligibility for exclusive registration, or where the submitted explanations, information, records, data, documents etc. appear insufficient to make a positive decision, then the registered domain name is cancelled.
9.5. Where the Registry Operator believes explanations, information, records, data, documents etc. are sufficient to confirm the registrant’s eligibility for exclusive registration, then the ban on transfer or change of administrator of the registered domain name shall be lifted.
9.6. The Registry Operator notifies the registrant and the respective registrar by means of electronic of any and all decisions taken within 3 (three) business days since the decision has been made.
10. Final provisions
10.1. This Policy is an addendum (integral part) to the .TATAR Terms and Conditions of Domain Name Registrations.
10.2. This Policy comes into effect as of the aforementioned date first above written and shall remain in effect indicated in the header of the document until a respective decision by the Registry Operator (on revocation of the present Policy, or on termination of the present Policy, or any other suchlike decision). Termination of the present Policy does not acquit all the parties concerned of fulfillment of obligations created prior to the above date of termination of the present policy, nor it acquit those parties of responsibility for failure to perform (deficient performance of) it.
The Registry Operator may decide to change, supplement, update, revise or cancel this Policy at any time upon termination of the exclusive registration period and all the actions held in accordance with the present Policy. The procedure and conditions of introducing amendments, supplements to, and updates of, as well as adoption of, the present Policy in a new wording or its cancellation are set forth by the .TATAR Terms and Conditions of Domain Name Registrations.
Affected Names List
The list includes names that were
(1) included on an SLD Block List of the .TATAR's Alternate Path to Delegation Report (http://newgtlds.icann.org/en/announcements-and-media/announcement-2-17nov13-en) and
(2) recorded in the Trade Mark Clearing House no later than 27 October 2014 and
(3) were withheld from allocation during .TATAR Sunrise period and
(4) comply with the requirements set forth in the " .TATAR Terms and Conditions of Domain Name Registrations"