STOP Complaint Filing Guidelines

 

This guide is merely provided as a matter of historical record. This guide forms part of the Annex 4 to the WIPO End Report on Case Administration under the Start-Up Trademark Opposition Policy for .biz. The STOP Cases have been completed.


 

Please note that STOP Complaints can only be filed by IP Claimants who have been notified by NeuLevel, have registered their intention to submit a complaint action at the NeuLevel web site, and who have been provided a ticket number by NeuLevel. No STOP complaint will be accepted without a valid ticket number.


Submit a STOP Complaint

STOP Complaints must be filed with all of the following (details provided below):
1) the WIPO Arbitration and Mediation Center
2) the Respondent 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 STOP Complaint Transmittal Coversheet) and any annexes available in electronic format. In order to facilitate electronic filing, the Center offers the following options:
    • Download and complete the model STOP Complaint as a Word document to submit as an email attachment to an e-mail to biz.stop@wipo.int; or
    • Complete and submit directly online to the Center an electronic form of the model STOP Complaint (coming soon)
  • In hardcopy:
    Send the signed original and three hardcopies of the Complaint and annexes by express mail or courier service to:
  • WIPO Arbitration and Mediation Center
    34 chemin des Colombettes
    1211 Geneva 20
    Switzerland
    Tel.: (+41 22) 338 8247
    Fax: (+41 22) 740 3700

Submit the Complaint to the Respondent

At the same time as the Complaint is submitted to the Center, send or transmit a copy of the Complaint (including the STOP Complaint Transmittal Coversheet and all annexes) to the Respondent in accordance with STOP Rules, para. 2(a), 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).

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). 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.


Content

Please note that it does not suffice for a Complainant to have registered an IP Claim for the contested domain name for obtaining the transfer of that domain name, nor does it suffice to demonstrate trademark ownership only. In order to prevail, the Complainant will rather have to prove all of the following three elements in its Complaint (Rules, para. 4(a)):

(i) The contested domain name is identical to a trademark or service mark in which the Complainant has rights; and

(ii) The Respondent has no rights or legitimate interests in respect of that domain name; and

(iii) The Respondent has registered the domain name, or is using it in bad faith.

Paragraph 4(b) of the Rules sets out examples for circumstances which can serve as evidence for the above. The WIPO Center has prepared a model Complaint which can serve as a checklist of elements to be included in a Complaint.

Please note that the decision will be rendered by a neutral Panel on the basis of the information submitted in the Complaint and the Response (if any). A Panel is not required to admit any supplemental filings. It is therefore in the Complainant's interest to include in its Complaint any and all information that may serve as a basis for its request.

While the assistance of a lawyer is not required, it may nevertheless be helpful to consult a lawyer when preparing or submitting the Complaint.


Payment

Submit the required payment to the Center, as specified in the STOP Schedule of Fees. Please note that there are no three-member Panels under STOP. If payment is being submitted by check, it should be included with the hardcopies (see above). If payment is not being submitted with the hardcopies, inform the Center as to how payment is being made.


Additional information

The following documents should be consulted in connection with preparing and filing a Complaint:

Questions concerning the filing requirements may be sent by e-mail to biz.stop@wipo.int.