3TEC.COM - Technical Support and FAQ - Domain Name Services Questions

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.

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

When can I file my IP Claim?
Entry into the IP Claim Service runs from May 21, 2001 to August 6, 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.

How does IP Claim work?
During Step 1, an intellectual property owner will provide the following information for 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), 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, NeuLevel will notify the applicant and advise them of the IP owner's claim. Specifically, NeuLevel 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 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.

How much does IP Claim cost?

Tritech is offering the IP Claim Service for CDN $132, plus CDN $8 Application Fee. Both fees are NON-REFUNDABLE.

Does the filing of 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.

Are Registrants allowed to cancel an IP Claim?
No. The Registrant can not cancel the IP Claim once it has been submitted. The IP Claim Service is non-refundable.

How many IP Claims can I submit?
You are allowed to submit as many IP Claims as you wish - you could have many trademarks you wish to protect.

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."

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.

How accurate must the information in the IP Claim be?
Very accurate. NeuLevel 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.

NeuLevel will not process the IP Claim if the required information is inaccurate. If NeuLevel cannot validate the claim, NeuLevel will not process the claim. If NeuLevel cannot process the claim, they WILL NOT refund the registrants money.

How does the IP Claim Service interact with 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.

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.

Are there any specifications regulating which .biz domain can or cannot be registered?
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).

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.

What happens between September 26, 2001 and October 1, 2001?
During this time, the NeuLevel 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).

How do I submit a Domain Name Application?
Here's an overview of how the Domain Name Application Step works:

Businesses submit .biz domain name applications to Tritech. Tritech will submit these requests to Tucows who will then submit to NeuLevel, the .biz Registry.

The submission provides businesses and individuals with the opportunity to apply for their desired domain name prior to general registration of domain names. All names submitted during this step will be processed during this step.

In cases where multiple domain name applications were submitted for the same name, the Registry will select one application through a completely neutral and random process-ignoring the order in which the submissions were received and avoiding preference toward any Registrar.

Tucows will notify Tritech of all successful and unsuccessful domain name applicants.

NOTE: Because it is anticipated that there may be multiple requests for many of the same names, there is no guarantee that a company's domain name request will be successfully registered by submitting an application.

Where do Registrants submit their Domain Name Application?
Registrants may submit applications via Tritech's secure online order form here.

Is there an application fee?
Yes. The NeuLevel registry is charging a non-refundable domain application fee for every domain application received in this phase. As a result, Tritech will be charging .biz applicants a non-refundable domain application fee of CDN $8.00 per domain application, less volume discounts.

How much is domain registration fee during Domain Name Application Period?
Minimum initial registration is CDN $40.00. (CDN $20.00 per domain per year for a minimum of two years in advance.)

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.

What happens if I am 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.

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 of the Reseller that submitted the application, 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.

When does the Registry Live Phase 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.

How much will domain name renewals cost?
Renewals will cost CDN $20.00 per domain per year for a minimum of one to a maximum of ten years.