Schedule 1/28: TMCH Trademark inclusion Schedule

Schedule 1/28
to Service Agreement

Effective
October 14, 2013

TMCH Trademark inclusion Schedule

  1. Definitions
  2. General Provisions
  3. General Service Terms
  4. Specific Terms of Service, SMD File Obtaining, Renewal and Reissue
  5. Service order
  6. Termination of Service

1. Definitions

Trademark Clearinghouse (TMCH) is a Trademark Repository for brands protection as part of ICANN new program "new gTLD". The Clearinghouse functions include: (i) authentication of contact information and verification of Trademark record, and (ii) storing such records in TMCH database to provide information to the new gTLD Registries.

Trademark Holders - individuals or legal entities and their designees (such as licensees or assignees) that have or desire to have, their eligible trademark rights included in the Clearinghouse.

Trademark Agent - Joint Stock Company "Regional Network Information Center", submitting and maintaining Trademark Records on behalf of the Trademark Holders. In addition, the Trademark Agents will receive notifications regarding the Sunrise services or Trademark Claims services.

Trademark is an image used for individualization of goods, performed work or provided services by legal entities or individuals, registered as a trademark under the applicable national or regional (i.e. multinational) legislation in federal executive authority for intellectual property or main register of the appropriate jurisdiction.

Court Validated Marks refer to marks that have been validated by a court of law or other judicial proceeding at the national level, such as well-known marks.

Marks Protected by Statute or Treaty — For marks protected by statute or treaty, the relevant statute or treaty must be in effect at the time the mark is submitted to the Clearinghouse for inclusion. These marks may include but are not limited to geographical indications and designations of origin.

Sunrise — A pre-launch phase providing mark holders the opportunity to register second-level domain names in a TLD before registration is generally available to the public (General Availability period).  This period is mandatory in all new gTLDs.

SMD file (Signed Mark Data) — The file that is generated once you fulfill the Sunrise Eligibility Requirements. This file allows you to register a second-level domain name in new TLD as part of Sunrise period, provided you comply with the registries policy. SMD file may be used by the Trademark Holder or Trademark Agent to submit Sunrise request within the Sunrise period. It is the Registry’s determination to accept the SMD file.

Registry  - the legal entity responsible for the operation of Registry and providing access to the Registry for Registrars so that they can provide domain name registration services.

Trademark Claims - Trademark Clearinghouse service enabling generation of real-time notice to someone attempting to register a domain name if it matches a trademark in the Clearinghouse. This service also notifies trademark holders when domain names are registered that match marks in the Clearinghouse.  This service is mandatory in all new gTLDs.

Customer - individual or entity that applied to the Contractor for the Clearinghouse trademark inclusion service.

Contractor - Joint Stock Company "Regional Network Information Center".

Clearinghouse Trademark Inclusion Service (Service) - the service provided by the Contractor to the Customer consisting in Contractor's submission to the Clearinghouse of the Sunrise Eligibility Request for further Customer's trademark data storage, as well obtaining and transfer of SMD file to the Customer and providing Trademark Claims service through the Contractor's web server www.nic.ru and (or) through communication channels specified by the Customer during service order.

Customer's Authentication Data - data submitted by the Contractor to the Customer during service order for their submission to the Trademark Clearinghouse to enable verification of data authentication and Customer's authorities by Trademark Clearinghouse.

Service Agreement Personal Account - information in its entirety regarding Customer's payments for the Contractor, and also services, used by the Customer, provided by the Contractor. Any payment made by the Customer is credited to their Contract Account after the money has been credited to the Contractor's bank account, provided that the Contractor has received from the bank a document identifying the payment.

Funds Allocation (on Customer's personal account) - reservation of a sum of money on the Customer's personal account for its further withdrawal for service delivery or renewal. Money that is allocated for a service cannot be used to pay for other services.

Policy - Service provision policy approved by Trademark Clearinghouse. The English version of the policy is available on Contractor's web server at: https://www.nic.ru/dns/service/tmch/en/guidelines.pdf

Trademark Clearinghouse - the central repository of trademark information.

Note: The terms uncovered by this Schedule are defined in document "General provisions" (Addendum No. 4 to the Service Agreement).

2. General Provisions

2.1. In the process of providing the Service the Contractor acts on the basis of the Agreement on Clearinghouse Validation Terms and Conditions for Trademark Agentsdated 05 April, 2013 entered into by and between the Contractor and CHIP S.A. The Contractor is an authorized Trademark Agent.

2.2. In process of Services provision the Contractor undertakes to assist the Customer in types of the Trademark Clearinghouse services, such as verification of Sunrise Eligibility Request, Customer's trademark data storage, renewal, issue and reissue of SMD file, submission of notifications as part of the Trademark Claims service.

The services provided by the Contractor to the Customer under the Service Agreement consist of making the following actions by the Contractor upon Customer's request:

  • submission to the Trademark Clearinghouse of the request containing the required documents and details submitted by the Customer for verification of the Sunrise Eligibility Request for further Customer's data storage in the Clearinghouse, renewal, issue and reissue of SMD file, submission of notifications as part of the Trademark Claims service;
  • obtaining and transfer of SMD file to the Customer and other notification about its order status and the trademark information stored in the Clearinghouse through the Customer's web server www.nic.ru (in "Manage your account" panel) and (or) by the communication channels specified by the Customer in the corresponding request.

2.3. The services shall be deemed provided to the Customer as long as the Contractor submitted the Sunrise Eligibility Request for further Customer's trademark data storage in the Clearinghouse.

2.4. A service order serves Customer's full and unconditional consent with the terms of this Schedule and confirms that the Customer read and agrees with the Service Policy. The Policy is available on the Contractor's website at https://www.nic.ru/dns/service/tmch/en/guidelines.pdf

2.5. The ordering of Service indicates the Customer's agreement to pay for the service at the prices valid on the day the processing of the Order begins.

2.6. Submission of contract details and change of Customer's authentication data

2.6.1. All data provided by the Customer during registration in the Contractor's database, signing an Agreement and ordering services shall be authentic.

If the Customer provides false information, the registration of the domain name may be deactivated subject to para 6.2 hereinbelow.

2.6.2. The Contractor, in case of any doubts in validity of data provided by the Customer, is entitled to request for additional data and (or) to request the confirmation of the provided data within the contract validity period.

The request shall be submitted to the Customer via communication channels specified by the Customer at registration in the Contractor's database.

2.6.3. If the previously provided information is not confirmed and/or additional information is not provided within the term specified by the Contractor in the respective request, the Contractor may:

  • cancel the Customer's order for the Service;
  • submit to TMCH a request about unauthentic data for further blocking of the Service.

2.6.4. The Contractor, under the Trademark Clearinghouse agreement, is entitled to submit to the Trademark Clearinghouse the request about unauthentic Customer's data for verification purposes, if the Contractor learned about change of Customer's authentication data.

2.6.5. The Customer, under the Service Policy terms, the link to which is given in para 2.4 hereinabove, shall notify the Contractor about authentication data change, if any, for changing the information on the Service.

2.7. The Customer undertakes to indemnify to TMCH, its officials and employees, affiliates and (or) subsidiaries and independent companies, as well as TMCH subcontractors for any losses and expenses incurred by them as a result of any claims and(or) suits and arising out of the breach by the Customer of the Service Policy, the link to which is given in para. 2.4 hereinabove.

2.8. The Customer undertakes to follow the requirements of document "Terms of Use" published on the Contractor's web-server at https://www.nic.ru/about/servpol.html. The Customer agrees that he/she may be affected by the consequences of actions undertaken by the Contractor to prevent negative consequences of the third parties' activities, interfering with the Contractor's system of services. In this case the Contractor in its activities is guided by the regulations of the Terms of Use and guarantees the Customer minimization of such negative consequences.

2.9. Changes into this Schedule regarding introduction of new and (or) additional services take effect from their publishing on the Contractor's web server. The Contractor undertakes to give a single notification to the Customer about the changes via communication channel.

3. General Service Terms

3.1. The Contractor shall deliver the services to the Customer, provided there are available services from the Customer subject to para 5.4 hereinbelow.

3.2. Services delivery terms are subject to the requirements specified by Trademark Clearinghouse.

3.3. The order and procedure for verification of Customer's data submitted by him(her) to get the Service, as well as the verification process of Customer's Sunrise Eligibility Request are established and held by Trademark Clearinghouse. The Contractor shall not be responsible for the period and the result of verification by Trademark Clearinghouse of the Customer's documents, data and authorities.

3.4. The Contractor is entitled to demand from the Customer additional documents and data for submitting Sunrise Eligibility Request.

3.5. The Contractor does not guarantee to the Customer delivery of the Services, if Trademark Clearinghouse fails to include trademark into TMCH, as well as renew, issue and reissue SMD file, send notification envisaged by the Trademark Claims for the Customer upon verification of the Sunrise Edibility Request.

If the Service has not been delivered to the Customer due to TMCH failure to store trademark data, renew, issue and reissue SMD File, send notifications stipulated by Trademark Claims service, there will be no refund to the Customer.

4. Specific Terms of Service, SMD File Obtaining, Renewal and Reissue

4.1. Renewal

4.1.1. The Service renewal will be made by the Contractor, if the funds on the Personal account of the Customer's Agreement are sufficient to cover the renewal service and if the Customer has not canceled the renewal. If the Customer has not set the Service renewal period, it would be renewed for a period equal to initial Service order term. The Customer hereby agrees that the funds for renewing other services used by the Customer are allocated in the following sequence: the funds are first reserved for a first-to-expire service. Should the Customer change order execution sequence, the funds will be allocated on the contract personal account in a manner established by the Customer, unless if otherwise specified by the Customer using e-payment systems. In this case the service renewal procedure will be established by the Customer as scheduled by the e-payment systems.

4.1.2. The renewal is made only for the services which were not terminated.

4.1.3. The Customer automatically generates Service renewal order 60 (sixty) days prior to its date of expiry. At the same time, the Contractor gives the Customer notice of the necessity to renew the Service at the contact e-mail addresses specified in the Customer's Agreement.

4.1.4. The Customer may cancel Service renewal prior to the moment of renewal service delivery. Renewal may be canceled on the Contractor's web-server in the "Manage your account" panel ("Services renewal"). Renewal cancellation can later be reversed by the Customer not later than 1 (one) day from the Service expiry date.

4.1.5. If the Service has not been renewed by the Customer before its expiry moment, the Customer agrees that the Contractor may initiate trademark record deactivation in the Clearinghouse.

4.1.6. The Contractor is not responsible for successful processing of the renewal request submitted on the last working day of the Service validity period.

The Service is not renewed by the Contractor subject to para 6.2 hereinbelow and in virtue of the Policy terms and conditions.

5. Service order

5.1. The order is made by the Customer on the Contractor's web server in "Manage your account" panel.

5.2. In the process of making an order for the Service the Customer independently specifies:

  • term of the Service in the process of ordering;
  • registration number of the trademark;
  • reasons for occurrence of trademark rights.

5.3. In the process of making an order for the Service the Customer provides to the Contractor the required information, and pre-formed request, which is an electronic message, the form of which is available on the Contractor's web server at https://www.nic.ru/dns/service/tmch/.

5.4. An order is considered available and starts processing provided the following terms are met:

  • the Customer has on its Contract Account the funds available for reservation and sufficient to cover all services listed in the order;
  • The Customer provided the Contractor documents required for the Service delivery. The list of required documents and their possible forms are available on the Contractor's web server at https://www.nic.ru/dns/service/tmch/.

Any order that cannot be processed within 3 (three) months since receipt by the Contractor will be canceled.

5.5. The Customer may cancel the order for the Service on his own initiative prior to the beginning of order implementation. Order is canceled on the Contractor's web server in "Manage your account" panel:

5.6. An order for the Service is canceled by the Contractor, if the Service is not delivered to the Customer due to TMCH failure to store trademark data, renew, issue and reissue SMD File, send notifications stipulated by Trademark Claims service, and in this case the Customer agrees that there will be no refund for the Service delivered under this Schedule.

5.7. Orders execution procedure

5.7.1. Orders for new services ready for execution under the terms of the Service Agreement and its applications, are subject to processing on a first-come, first-served basis.

5.7.2. Orders for renewal of the services used and not canceled by the Customer, have a higher priority than orders for new services and are executed in the sequence in which the services expire (funds for renewal are first allocated for a first-to-expire service), unless if otherwise specified by the Customer using e-payment systems. In this case the service renewal procedure will be established by the Customer as scheduled by the e-payment systems.

5.7.3. The customer is entitled to change the orders execution procedure, and in this case the funds on the Customer's personal account for the services will be allocated in the sequence established by the Customer.

6. Termination of Service

6.1. The Contractor may submit to TMCH a request for termination of the Customer's Service in the following cases:

  • Subject to para 2.6.3, 2.6.4 hereinabove;
  • in case of Customer's breach of any terms of this Schedule and Policy, the link to which is given in para 2.4 hereinabove;

6.2. TMCH is entitled to deactivate the Customer's Service before its expiration date specified in the order in the following cases:

  • under the Contractor's request submitted to the TMCH subject to the para 6.1 hereinabove;
  • on the initiative of TMCH in the following cases:
    • if TMCH learned about change of Customer's authentication data, or that any information in the Customer's order is incorrect;
    • if TMCH considers that Customer's actions are causing damage to TMCH or its affiliates and (or) subsidiaries and independent companies as well as TMCH subcontractors.
    • in case of Customer's breach of any terms of the Policy, the link to which is given in para 2.4 hereinabove;
    • in case of termination at TMCH sole discretion of the agreement entered into by and between the Contractor and TMCH.

6.3. In the event of Service termination or TMCH business closure for any reason, the money paid by the Customer to the Contractor for the Service is not refunded.

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