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Questions
Phase 1 - (May 21 - July 9)
IP Claim Service FAQ
- What is the Intellectual Property Claim service?
- What are the advantages to using the IP Claim service?
- When can a potential registrant file?
- How will it work?
- Does the filing of an IP Claim eliminate the need for filing a domain name application in .biz?
- Are registrants allowed to cancel an IP Claim?
- How many IP Claims can a registrant submit?
- Can more than one party file an IP Claim on a single character string?
- Are multiple IP Claims for the same name permitted?
- How accurate must the information in the IP Claim be?
- Why is the above information required?
- How does the IP Claim service interact with the UDRP?
Phase 2 - (June 25 - September 25)
Domain Application Service FAQ
- Why submit a Domain Name Application?
- Are there any specifications on the .biz domain that registrants are allowed to register?
- When does the Domain Name Application Service begin?
- What happens between September 26, 2001 and October 1, 2001?
- How does a registrant submit?
- Where do registrants submit their application?
- Is there a pre-registration fee?
- Will the domain application guarantee the registrant the name they request?
- What happens if my registrant is the only applicant for a particular domain?
- What about protection of Intellectual Property Rights?
Phase 3 - (October 1, 2001)
*
Registry Live FAQ *
Tentative
- When does the Registry Live begin?
- Where do registrants submit their application?
Answers
- What is the Intellectual Property Claim service?
The Intellectual Property Claim service is a service offered
by the .biz
Registry to intellectual property owners during
the phases leading up to the launch of .biz (currently anticipated
to be October 1, 2001). This service allows the owner of
a common law or registered or pending trademark or service
mark ("trademark") to file an Intellectual Property Claim
("IP Claim"). Any party that files an IP Claim will be notified
by .biz when a domain name identical to the alphanumeric
string listed in the IP Claim is registered by .biz during
the start-up period for this TLD.
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- What are the advantages to using the IP Claim service?
Basically, the three advantages to using the IP Claim service
are as follows:
Notification
If there is an exact match between the string listed in
an IP Claim and a successful domain name successfully registered
during the start-up phase, .biz will provide the trademark
owner that submitted the IP Claim with the WHOIS information
for the successful domain name registrant. Any such notification
will take place upon the launch of .biz, currently anticipated
to be October 1, 2001.
Standing
Only parties that have filed an IP Claim will have access
to the Start-up Trademark Opposition Policy (STOP). STOP
carries a lower burden of proof than the UDRP. STOP is basically
the UDRP with a modification to Section 4(a)(iii). Under
STOP, a trademark owner only has to prove that the domain
name in question was registered OR used in bad faith.
Cooling-Off Period
Another advantage to the IP Claim service is that any domain
name registration successfully registered during the start-up
period that is identical to a string listed in an IP Claim
will be placed on hold for 30 days from the "live" date
for .biz. Under the current timeline, this would give a
trademark owner that filed a Claim Form time to file an
action under STOP or amicably resolve the matter before
the domain name goes live.
Please note, however, that all claimants that wish to file
a STOP action must file the necessary complaint within twenty
(20) days of being notified of their claim priority by the
.biz
Registry. The documents setting out the STOP and the
Rules of Procedure governing STOP may be found as Exhibits
1 & 2 to Appendix M of the .biz
Registry agreement located
on the ICANN website at
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm.
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- When can a potential registrant file?
Entry into the IP Claim Service runs from May 21, 2001 to
approximately July 9, 2001.
After this period
no additional filings for IP Claims will be accepted. The
IP Claim database will only be used during the initial Domain
Name Application & Selection steps leading up to the launch
of the .biz Registry. After the Registry begins accepting
live registrations, new registrations for domain names will
no longer be checked against the IP Claim Service database.
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- How will it work?
During Step 1, an intellectual property owner will provide
the following information
for the IP
Claim database:
- Account holder contact information
- Intellectual property (IP) owner contact information
- Person to receive legal correspondence regarding claims
(name and contact information)
- The character string for which you are claiming IP rights
(note that the associated domain name for this string will
be an exact match with the character string plus the .biz
extension)
- Description of goods/services, including the international
class of goods and services
- Date that your intellectual property was first used
in commerce
- Status (whether IP rights are based on registration
or application with any national trademark office-or based
on common law rights)
- The effective date of an application or registration
provided above, if applicable.
- Country where the IP was first used
During the Domain Name Application step (Step 2),
the Registry (Neulevel) will monitor all applications for exact matches with the
IP Claim database. Whenever there is an exact match between
the name an IP owner has claimed and a domain name application,
the Registry will notify the applicant and advise them of the
IP owner's claim. Specifically,
the Registry will provide the
following information:
- IP String being claimed
- Name of the company that owns the IP
- Details regarding the claim (including description of
the goods and services associated with the IP String, date
of first use, country of first use, status of claim-registered,
pending or common law)
- Name and contact info for the legal contact: someone
whom the potential registrant designates to receive legal
correspondence on their behalf, regarding the claim
NOTE: A domain name applicant who submits a domain name
application for the exact mark claimed by an IP Claimant
must notify
the Registry (NeuLevel) of its decision to go ahead with the
domain name selection process.
If the applicant notifies NeuLevel of their decision to
go ahead, NeuLevel will process the domain name application
and include it during the name selection process.
If applicant fails to notify NeuLevel of a decision-or if
the applicant notifies NeuLevel that they do not wish to
go ahead-the domain name application will not be processed
or included in the name selection process.
After the close of the applications window (September 25),
domain names will be awarded to selected registrants. In
cases where there are multiple applications for the same
name, all applications will be randomized prior to the
selection of one application to receive the name.
At the start of Step 3, .biz Domain Names Go Live, unless
the domain name is subject to an IP Claim. An automatic
30-day hold is placed on any domain name registrations for
which there is a match with an IP Claim. Upon the launch
of the Registry, IP Claimants will be notified if there
is a match between a domain name registration and their
IP Claim. NeuLevel will provide the Claimant(s) all the
WHOIS data for the successful domain name registrant. The
"Hold Period" provides the Claimant the opportunity to use
STOP or take other appropriate action, as needed.
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- Does the filing of an IP Claim eliminate the need for filing a domain name application in .biz?
Absolutely not. Trademark owners interested in obtaining
a domain name registration in .biz must file a separate
domain name application.
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- Are registrants allowed to cancel an IP Claim?
No. The registrant cannot cancel the IP Claim
once it has been submitted. The IP Claim
Service is non-refundable.
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- How many IP Claims can a registrant submit?
A registrant is allowed to submit as many IP Claims as they
wish - a registrant could have many trademarks they wish
to protect.
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- Can more than one party file an IP Claim on a single character string?
Yes. Any party that has trademark rights in a character
string may file an IP Claim covering its mark. For example,
ACME HARDWARE, ACME PLUMBING, and ACME INSURANCE may each
file a separate IP Claim for "ACME"; provided, however,
that each of the companies has legitimate trademark rights
(which may include an intent-to-use application) in the
sole term "ACME."
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- Are multiple IP Claims for the same name permitted?
Yes. The Registry will not be restricting
the number of IP Claims for a particular trademark, although
from a registrant perspective, it is not an efficient way
to invest in the protection of their domain.
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- How accurate must the information in the IP Claim be?
Very accurate. The Registry requires all provided information
to be correct. For example, the domain name must resolve,
and all email addresses for company or claimholder representatives
must be accurate.
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- Why is the above information required?
The Registry will not process the IP Claim if the required information
is inaccurate. If
the Registry (Neulevel) cannot validate the claim, it will not process the claim. If
it cannot process
the claim, they WILL NOT refund the
registrant's money.
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- How does the IP Claim service interact with the UDRP?
Trademark owners' rights are not affected by using - or
not using - the IP Claim service. Stated somewhat differently,
the IP Claim service is offered as an accommodation to
trademark owners, but its use is solely at the election
of the owner. Similarly, the IP Claim service does not affect
the UDRP. Challenges brought against trademark owners'
registrations during the IP Claim period are handled under
STOP. Disputes thereafter will be handled in the usual course,
i.e., under the UDRP or in a court action.
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- Why submit a Domain Name Application?
During the Domain Name Application period, companies have
the opportunity to apply for a domain name prior to the
launch of the Registry and the acceptance of regular domain
name registrations.
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- Are there any specifications on the .biz domain that registrants are allowed to register?
Yes. ICANN has sanctioned that all single-character labels
and two-character labels be initially reserved. Therefore
registrants may not register domains with a single character
(eg. www.b.biz) or two-character labels (eg. www.me.biz).
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- When does the Domain Name Application Service begin?
The Domain Name Application step begins June 25, 2001 and
ends September 25, 2001. Any names submitted after September
25 will not be considered eligible for Name Selection.
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- What happens between September 26, 2001 and October 1, 2001?
During this time, the Registry will collect all
Domain Applications submitted during the June 25, 2001 -
September 25, 2001 time period and randomly select who the
.biz registration request will be awarded to (if there is
more than one application for a particular domain).
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- How does a registrant submit?
Here's an overview of how the Domain Name Application Step
works:
1. Businesses submit .biz domain name applications
here.
2. The submission provides businesses and individuals with
the opportunity to apply for their desired domain name prior
to general registration of domain names.
3. All names submitted during this step will be processed
during this step.
4. In cases where multiple domain name applications
are
submitted for the same name, the Registry will select one
application through a completely neutral and random
process. This process ignores
the order in which the submissions
were received and is designed to avoid
preference toward any Registrar.
5. We will notify both all successful and unsuccessful
domain name applicants.
IMPORTANT NOTE: Because it is anticipated that there may be multiple
requests for
certain popular names, there is no guarantee
that a company's domain name request will be successfully
registered by submitting an application.
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- Where do registrants submit their application?
Registrants may submit applications here at
DomainNameRegistration.com. We will shortly be providing
a pre-registration application interface.
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- Is there a pre-registration fee?
Yes. The Registry is charging a non-refundable
domain application fee for every domain application
received, and therefore we will be charging would-be
registrants an as yet undetermined non-refundable
domain application fee.
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- Will the domain application guarantee the registrant the name they request?
No. The registrant is not guaranteed the .biz name even
though they have submitted a request. The
Registry will
be utilizing a lottery system to randomly select a registrant
to receive the domain they have applied for. The registrant
is still required to pay the non-refundable domain application
fee.
This policy is not decided by DomainNameRegistration.com,
but rather by the Registry (Neulevel).
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- What happens if a registrant is the only applicant for a particular domain?
The registrant will automatically be awarded the domain
that they have pre-registered for. They are still required
to pay the non-refundable domain application fee plus the
cost of the domain.
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- What about protection of Intellectual Property Rights?
All domain name applications will be compared against the
IP Claim Service database. Whenever the comparison results
in an exact match between a domain name application and
an IP Claim, the prospective registrant will be notified
by e-mail. The e-mail will contain the name and contact information
of the IP Claimant-as well as information regarding the
IP Claim. There will also be a link to a Web site where
the pre-registrant must go to confirm their desire to either
proceed with the application or cancel the request.
At the end of Domain Name Application and .biz Name Selection,
all of the domain name requests are processed and awarded
appropriately. You will be notified through your Registrar.
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- When does the Registry Live begin?
Registry Live is expected to begin October 1, 2001 and run
for an indefinite period of time. Registrants may apply
for a .biz domain with the intention of use for the conduct
of business.
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- Where do registrants submit their application?
Registrants may submit applications with us here at
DomainNameRegistration.com. An application interface
will be available before the actual pre-registration
period.
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