|
Schedule 1/30-4
to Service Agreement Effective July 15, 2014 |
.МОСКВА and .MOSCOW Limited Registration Schedule for Trademark / Service Mark Exclusive Owners
- Definitions
- General Provisions
- Limited Registration Terms
- Limited Registration Procedure
- Service Fees and Payment
- Registration Cancellation
- Limited Registration Timeframe
- Schedule Alteration Procedure. Effective Term
.МОСКВА and .MOSCOW Limited Registration for Trademark / Service Mark Exclusive Owners (hereinafter referred to as Limited registration) means second-level domain registration in .МОСКВА and .MOSCOW gTLDs pursuant to applications from exclusive owners of trademarks/service marks at the period of time and under the procedure as specified herein. Other terms used in this Schedule are defined in document specified in item 2.3 herein.
2.1. This Schedule sets forth the conditions for providing the limited registration services for trademark / service mark exclusive owners under New gTLD program for second-level domain names.
2.2. The Contractor is a Registrar accredited by ICANN and other authorized entities, including .МОСКВА and .MOSCOW Registry Operator, to provide .МОСКВА and .MOSCOW limited registration for trademark / service mark exclusive owners. The Contractor performs registration business under .MOSCOW and .MOCKВА Registry-Registrar Agreement dated 04.03.2014 entered into by and between the Contractor and Foundation for Assistance for Internet Technologies and Infrastructure Development - Registry Operator of such gTLDs.
2.3. In any respects, which have not been regulated hereunder, the Contractor and the Customer shall be governed by the below documents:
- New gTLD Domains Preorder Registration Schedule (Schedule 1/11-8 to the Service Agreement),
- TMCH Trademarks Inclusion Schedule (Schedule 1/28 to the Service Agreement),
- Sunrise Registration Schedule under New gTLD Program (Schedule 1/30-1 to the Service Agreement),
- Landrush and General Availability Registration Schedule under New gTLD Program (Schedule 1/30-2 to the Service Agreement),
2.4. Order of a limited registration service under New gTLD domain program serves Customer's full and unconditional consent with the terms of this Schedule and the procedure of its modification.
2.5. The service order serves Customer's full and unconditional consent with the terms of the Rules and Policies of .MOSCOW and .MOCKВА Registry Operators, that are available on the web server http://ru.faitid.org/projects/moscow/ (Foundation for Assistance for Internet Technologies and Infrastructure Development).
2.6. The service order serves Customer's full and unconditional consent with all rules, policies, standards, procedures and methodologies approved by ICANN with respect to appropriate top-level domain, including:
- consent for participation in the dispute resolution process subject to ICANN Uniform Dispute Resolution Policy ("UDRP");
- consent for participation in the dispute resolution process subject to ICANN Uniform Rapid Suspension System Policy ("UDRP");
2.7. The service order serves Customer's consent to pay for the service at the prices valid on the date the order execution starts. The service order is made by the Customer on the Contractor's web server in "Manage your account" panel.
2.8. For a domain name registration during the limited registration period for trademark / service mark exclusive owners, the Contractor shall:
2.8.1. check, whether the Customer has domain name registration rights for the limited registration for trademark / service mark exclusive owners;
2.8.2. enter data for a domain name registration into the Registry, including the below:
- domain name or domain name presentation;
- Registrant's data;
- Information on the document confirming the Customer's exclusive right to the trademark / service mark.
2.9. Customer agrees that any information the Customer provides by filling in applications and other documents, including those in an electronic form, under sections of these documents marked as "open", will be placed by the Contractor on the search engines and will be open to the general public. A list of the information that will be made public and information that may be made public with the Customer's consent is available on the Contractor's website.
2.10. A service is provided to the Customer based on the Agreement with the Contractor as long as there is an Order for the service and all the relevant requirements of this Schedule are met.
2.11. Changes into this Schedule regarding introduction of new and/or additional services take effect from their publication on the Contractor's web server.
2.12. The Contractor is entitled, at its own discretion, to make changes into this Schedule by notifying the Customer thereof via communication channels. The Contractor undertakes to publish the specified changes on the Contractor's web server at https://www.nic.ru.
2.13. The Registrant undertakes to indemnify to the Registry Operator and its employees, directors, officers, representatives, and agents related to, or arising out of Registrant's operations with respect to domain name registration or use, including, but not limited to, renewal, deletion and (or) inter-Registrar transfer of this domain name.
2.14. The Registrant shall abstain from distributing malware and abusively operating botnets, engaging in phishing, piracy, trademark or copyright infringement, fraudulent or illegal practices, or otherwise engaging in activities prohibited by the laws in effect in the Russian Federation. Otherwise, domain name delegation may be suspended for the Registrant.
3.1. Limited registration shall be performed in respect of any domain name which corresponds to the verbal appellation of any trademark registered in relation to any goods or services, provided the following requirements are complied with:
3.1.1. Trademark must be registered by the Federal Service for Intellectual Property (Rospatent) or by the World Intellectual Property Organization (WIPO) under international registration procedure of trademarks protected under the RF Legislation and shall be effective as of the date of the registration request submission to the Contractor. During the period of limited registration for trademark / service mark exclusive owners the right for limited registration is given to the owners of trademarks that are effective at the time of application submission and:
- protected by statute or treaty in the Russian Federation (registered under national procedure in the Russian Federation or protected under international procedure in the Russian Federation); and
- valid and registered before the Registry Agreement is executed between ICANN and Registry Operator, provided a trademark / service mark registration application has not been submitted after September 15, 2012;
- their registration term will not expire for at least one year from the start date of the limited registration for trademark / service mark owners;
- registered for such goods, products and/or services (classes of Nice Classification) that are not forbidden or restricted to be advertised in the Russian Federation.
3.1.2. Second-level domain name shall meet the below requirements:
3.1.2.1. for .МОСКВА gTLDs:
a) full domain name ends with .МОСКВА characters;
b) domain name starts and ends with a Russian Cyrillic letter or a number;
c) intermediate characters may be Russian Cyrillic letters, numbers, or a hyphen; Cyrillic characters allow UTF-8 characters from "а" (code 0430) to "я" (code 044F) and an additional character "ё" (code 0451). The full list of UTF-8 characters is published at: http://www.unicode.org/charts/PDF/U0400.pdf;
d) domain name is at least two characters long;
e) domain name contains such a number of characters that its representation would be limited by 63 characters. The representation is achieved by transforming the Cyrillic domain name in compliance with the PUNYCODE algorithm (given in technical standards RFC-3490, 3491, 3492).
f) domain name reproduces in full the verbal appellation of the trademark or is identical with the verbal appellation of the trademark after its spaces or other symbols are deleted or after the spaces or other symbols are replaced with hyphens. The verbal appellation of a trademark should include at least one protected element. No domain names which correspond to the trademarks made up of unprotected verbal elements, only, shall be liable to the period of limited registration for trademark / service mark exclusive owners.
3.1.2.2. for .MOSCOW gTLDs:
a) full domain name ends with .MOSCOW characters;
b) domain name starts and ends with a Latin letter or a number;
c) intermediate characters may be Latin letters, numbers, or a hyphen; Latin characters allow UTF-8 characters from "а" (code 0061) to "z" (code 007A). The full list of UTF-8 characters is published at: http://www.unicode.org/charts/PDF/U0400.pdf;
d) domain name is at least one character long;
e) the name cannot include more than 63 characters;
f) domain name reproduces in full the verbal appellation of the trademark or is identical with the verbal appellation of the trademark after its spaces or other symbols are deleted or after the spaces or other symbols are replaced with hyphens. Therefore, the verbal appellation of a trademark should include at least one protected element.
3.1.2.3. Reproduce in full the verbal appellation of the trademark or correspond to the verbal appellation of the trademark, after its spaces are deleted or after the spaces are replaced with hyphens. Therefore, the verbal appellation of a trademark should include at least one protected element. No domain names which correspond to the trademarks made up of unprotected verbal elements, only, shall be liable to the period of limited registration for trademark / service mark exclusive owners.
3.2. If the verbal part of the trademark includes in full letters of any other but the Russian Cyrillic alphabet, then the domain name to be registered in .МОСКВА TLD should match the Russian Cyrillic transliteration/transcription of the verbal part of the trademark as a whole or its protected elements, only (on decision by the exclusive trademark rightholder) under the standards of GOST 7.79-2000, Table B, or ISO 9-95.
3.3. If a verbal part of a trademark fully consists of any non-Latin characters, a domain name to be registered in .MOSCOW TLD shall match Latin transliteration/transcription of a trademark verbal part in full or with regard to its protected elements (upon a decision made by the trademark exclusive owner).
3.4. If verbal part of the trademark/service mark:
- contains any suffixes indicating a top-level domain (including the "dot" symbol) or transcription and transliteration thereof (including the "dot" symbol), a user shall be entitled to exclude any such suffixes from the domain name, for which an application for registration is submitted;
- contains or fully consists of foreign words, the domain name in .МОСКВА gTLD, for which an application for registration is submitted, will include transliteration or transcription of the words chosen by the Customer;
- contains or fully consists of words, composed of non-Latin character set, the domain name in .MOSCOW gTLD, for which an application for registration is submitted, will include transliteration or transcription of the words chosen by the Customer;
- contains any word which consists of characters of different languages, the requested domain name will include transliteration of such characters;
- includes or fully consists of characters of a foreign language, the requested domain name in .МОСКВА gTLD will include transliteration or transcription of such characters chosen by the Customer;
- includes or fully consists of characters of non-Latin characters set, the requested domain name in .MOSCOW gTLD will include transliteration or transcription of such characters chosen by the Customer;
- contains any word which consists of characters that pursuant to the requirements of subclause "c" of clause 3.1.2.1.- 3.1.2.2. hereof, but the meaning of the word can be explicitly and clearly understood, such characters may be replaced with letters, and in all other cases such characters will be replaced with a hyphen and/or omitted/removed at the customer's discretion.
3.5. An exclusive rightholder is eligible to become a registrant, in this case:
3.5.1. If the trademark certificate bears a record on exclusive trademark right disposition in respect of all the goods and services, then the party to which the exclusive rights have been disposed (right purchaser), only, may be registered as the domain registrant.
3.5.2. If the exclusive trademark rights have been disposed in relation to the goods and services, the first rightholder applying for the domain name registration may be registered as the domain registrant; and
3.5.3. If any party has been granted the right to trademark use under a licensing agreement, then a party which has the exclusive trademark rights, only, may be registered as the domain registrant.
3.6. If there are two and more limited registration requests submitted by different persons for the same domain name, a positive decision shall be taken in favor of the Customer, which has fulfilled earlier the limited registration terms and conditions and the provisions of its agreement entered into with the Contractor.
4. Limited Registration Procedure
4.1. For a Limited domain name registration, the Customer must:
4.1.1. Send its request for limited domain name registration to the Contractor. The request form is available on the Contractor's web-server;
4.1.2. Submit at the Contractor's request copies of the following documents certified with the Customer's seal:
4.1.2.1. Certificates of the Customer's registration as a legal entity or sole trader, or else any documents in support of the Customer's registration as a legal entity issued in conformance with the requirements in place in the country of registration (for any foreign legal entities);
4.1.2.2. Trademark/service mark certificates or international certificates for trademark protected in the territory of Russia or enacted judicial decision on the User's exclusive right to trademark protected in the Russian Federation.
4.1.3. The way of submitting documents by the Customer is defined in a request.
4.2. Upon receiving of the Customer's application the Contractor shall:
4.2.1. Verify data and documents submitted by the Customer;
4.2.2. If the Customer has the right for a limited domain name registration:
- If the Customer has on its Agreement Account the funds sufficient to cover the Service - submit a request for Cyrillic domain name presentation in .МОСКВА gTLD or domain name in Latin scrip in .MOSCOW gTLD.
- Notify the Customer (Registrant) about the registration results.
- If the Registry gives a positive response to the Contractor's request, register second-level domain name in .МОСКВА and .MOSCOW gTLDs specified in Customer's request.
4.2.3. The Contractor undertakes to review Customer's request within 10 (ten) business days since the date of receipt of the request, or the documents envisaged by clause 4.1. hereinbelow, if such were requested by the Contractor. Following the Customer's request review results, the Contractor shall submit a domain name registration confirmation or submit a motivated rejection before the expiry of the above period.
4.3. For the validity period of this Schedule, the registrant shall not be entitled to:
- transfer domain name to another person or entity, except after disposition of exclusive rights to the trademark in respect of all goods and services, or after the effective date of a court order related to domain name rights;
- transfer domain sponsorship to another Registrar;
- renew domain name registration.
4.4. Second-level domain names limited registration for trademark / service mark exclusive owners under New gTLD program are subject to registration for 1 (one) year period. After the expiration of the specified period domain names may be renewed subject to the terms of Schedule 1/30-2 to the Service Agreement.
4.5. Domain names delegation in .МОСКВА and .MOSCOW gTLDs registered on limited registration terms under this Schedule shall be provided not earlier than in 3 (three), but not later than in 14 (fourteen) calendar days upon completion of the limited registration period for trademark / service mark exclusive owners.
4.6. If, upon fulfillment of all the terms specified in clause 4.1. hereinabove, the corresponding Registry contains information that at the time when the order for .МОСКВА and .MOSCOW Limited Registration for Trademark / Service Mark Exclusive Owners was submitted the Trademark Clearinghouse already had a Domain Name Label matching the requested domain name, the Contractor will notify the Customer thereof via e-mail. The Customer shall additionally, within 48 hours, provide a prior acknowledgment that he/she agrees to submit an Order for registration of such domain name during the limited domain name registration period under New gTLD Program.
4.7. .МОСКВА and .MOSCOW limited registration for trademark / service mark exclusive owners cannot be delivered by the Contractor, and the domain name cannot be registered unless:
a) the Contractor's application in the Registry for domain name registration under New gTLD Program was not a single one among those submitted by other Registrars;
b) domain name registration is canceled by an enacted court decision, when a person, whose rights are deemed violated by the court, has a priority to a canceled domain registration;
c) domain name is subjected to court trial, provided the Contractor has appropriate evidence therefore;
d) domain name registration is in contradiction of the Terms and Conditions for Domain Names Registration established by the Registry Operator;
e) The domain name has already been registered;
f) domains registration in gTLD for the limited registration for trademark / service mark exclusive owners has not launched yet, or suspended;
g) in other cases likely to cause third parties' rights violation as deemed by the Contractor.
5.1. The cost of limited registration of second-level domain names for trademark / service mark exclusive owners under New gTLD Program is given in Pricing (Addendum 1 to Schedule 1/30-1 to the Service Agreement and Addendum 2 to the Service Agreement).
5.2. The Contractor provides a Customer with the limited registration service after reserving sufficient money in the Personal account of the Customer's personal account. Money that is allocated for a service cannot be used to pay for other services.
5.3. When the Order for the second-level domain name is received for the period of limited registration of a domain name under New gTLD Program, the Orders for limited registration services for .МОСКВА and .MOSCOW gTLDs for trademark / service mark exclusive owners for the same domain name will be canceled, the funds reserved on the Customer's contract account to pay for the service will be released.
6.1. The domain name registration effected within the Limited registration period will be canceled by the Contractor, provided it reveals any violations of the terms and conditions as per clause 4.7 hereinabove and/or if it reveals that any information provided by the Customer under clause 4.1.2 hereinabove is inaccurate.
7. Limited Registration Timeframe
7.1. Limited registration for trademark / service mark exclusive owners shall be held from July 15, 2014 to August 13, 2014 inclusive.
8. Schedule Alteration Procedure. Effective Term
8.1. All actions related to the domain names, which have been/are being registered under the limited registration procedure, shall be performed under the Schedule version in effect as per the date of performing any such actions.
8.2. This Schedule shall remain in effect June 10, 2014 through August 13, 2014, inclusive.
8.3. Since the date of the domain name registration conducted within the limited registration period, the provisions of the Landrush and General Availability Registration Schedule under New gTLD Program (Schedule 1/30-2 to Service Agreement) shall be applicable to the registrant of the registered domain name. In such cases:
- the provisions of domain name delegation shall apply since the moment established by cl. 4.5. hereinabove;
- the provisions of cl. 4.3. hereinabove apply till August 13, 2014 inclusive.