ERDRP Complaint Filing Guidelines (Defensive Registrations) for .name
|General Information on .name|
Complaints under the ERDRP (Eligibility Requirements Dispute Resolution Policy for .name)
|WIPO Supplemental ERDRP Rules|
|Filing an ERDRP Complaint and/or Response|
|Submit a Complaint|
|Submit a Response|
|.name Complaints under the UDRP (Uniform Domain Name Dispute Resolution Policy)|
If a Registered Name application conflicts with one or more Defensive Registrations, the holder(s) of such Defensive Registration(s) can consent to the registration of the conflicting Registered Name (Paragraph 2(g)(ii) of the .name Registration Restrictions). If Defensive Registrations have successfully been challenged, they may be subject to cancellation (Paragraph 5(f)(ii) ERDRP). Hence, Defensive Registration holders have an incentive to consent. Applicants for Registered Names conflicting with one or more Defensive Registrations are therefore advised, before initiating an ERDRP proceeding, to request the consent from all holder(s) of conflicting Defensive Registration(s) to the registration of the Registered Name(s) applied for.
ERDRP Complaints concerning Defensive Registrations must be filed with all of the following (details provided below):
1) the WIPO Arbitration and Mediation Center (the Center)
2) the Respondent(s) to the Complaint
3) the Registrar(s) concerned
Submit the Complaint to the Center
The Complaint must be submitted to the Center in electronic form and in hardcopy.
In electronic form:
Submit the Complaint (including the ERDRP Complaint Transmittal Coversheet - Defensive Registrations) and any annexes available in electronic format. In order to facilitate electronic filing, the Center offers the option to download and complete the Model ERDRP Complaint (Defensive Registrations) as a Word document to submit as an attachment to an e-mail to email@example.com.
Send the signed original and the required number of hardcopies (three copies plus a number of additional copies corresponding to the number of Respondents) of the Complaint and annexes by express mail or courier service to:
WIPO Arbitration and Mediation Center
34 chemin des Colombettes
1211 Geneva 20
Tel.: (+41 22) 338 8247
Fax: (+41 22) 740 3700
Submit the Complaint to the Respondent(s)
At the same time as the Complaint is submitted to the Center, send or transmit a copy of the Complaint (including the ERDRP Complaint Transmittal Coversheet - Defensive Registrations) and all annexes to the Respondent(s) in accordance with ERDRP Rules, para. 2(b), i.e. by fax (with a confirmation of transmission) or postal or courier service (postage pre-paid and return receipt requested) or electronically (provided a record of transmission is available).
The Complaint should include all Defensive Registrations with regard to which no consent has be granted, and name all holders of such Defensive Registrations as Respondents (Paragraph 2(h)(ii) of the .name Registration Restrictions). Note that Defensive Registrations whose owner has neither consented to the registration of a conflicting Registered Name, nor been included in a successful ERDRP Complaint continue to block the registration of such Registered Name.
Submit the Complaint to the Concerned Registrar(s)
At the same time as the Complaint is submitted to the Center, send or transmit a copy of the Complaint to the concerned registrar(s) (see WIPO Supplemental ERDRP Rules para. 4(b)). Certain registrars have established specific contact details for these purposes, which may be obtained by accessing the web site of the registrar(s) in question.
Submit the required payment to the Center, as specified in the ERDRP Schedule of Fees in Annex D of the WIPO Supplemental ERDRP Rules. All payments to be made in connection with ERDRP disputes can only be effected by credit card (American Express, Visa, Master Card). The Center is under no obligation to accept payment effected by any other means. Please provide the name of cardholder as it appears on the card, card number, card expiration date, type of card. Payments by credit card may also be made by telephone by calling (+41 22) 338 8247.
No action will be taken on a Complaint until the required fee has been paid (Paragraph 19(b) ERDRP Rules). If the fee has not been paid within ten (10) days after receipt of the Complaint, the Complaint will be deemed withdrawn and the administrative proceeding terminated (Paragraph 19(c) ERDRP Rules).
The following documents should be consulted in connection with preparing and filing a Complaint:
- Eligibility Requirements Dispute Resolution Policy for .name (ERDRP)
- Rules for Eligibility Requirements Dispute Resolution Policy for .name (ERDRP Rules)
- WIPO Supplemental Rules for the Eligibility Requirements Dispute Resolution Policy for .name (WIPO Supplemental ERDRP Rules)
- ERDRP Schedule of Fees
General questions concerning the filing requirements may be sent by e-mail to firstname.lastname@example.org.