London Sunrise + London Priority Period (LPP) (running simultaneously 29 April July 2014) Priority Order. .London Launch

Transcription

1 London Sunrise + London Priority Period (LPP) (running simultaneously 29 April July 2014) Priority Order Sunrise Applicants with a trade mark recorded in the official Trademark Clearinghouse submi<ed with a valid SMD file London Priority 1 Applicants with a London address and with rights for matching domain names. Eligible rights are:.london Launch Sunrise + LPP 29 April July Registered trade marks effechve in the UK (UK/ EU/Int l) prior to 1 April Unregistered trade marks with use in London prior to 1 April Registered names of Companies and ChariHes registered prior to 1 April Personal (Full) Names London Priority 2 Applicants with a London address for any domain name London Priority 3 Applicants without a London address for any domain name 1

2 LPP Validation Process Applicant Provides core registration data: Domain Name Registrant Name Registrant Address Registrant Registrar Registry Is the domain name applied for by another applicant(s) during LPP? The name is registered through the registrar subject to the.london Registration Agreement and Policies. Validator All applicants that are in contention are contacted by the Validator via with an invitation to log in to the Validation System, pick the appropriate priority and submit required information. Applicants have 21 days from the date of the to submit the information. Validation System Once logged in the applicant chooses the priority applicable to their application: Priority 1: I have a valid London address and an existing right to the name Priority 2: I have a valid London address but no existing right in the name Priority 3: I don t have a London address Which box did the applicant tick? Priority 3 validation Priority 1 or 2 The applicant confirms the London Address provided in the application or provides a new London Address as defined under the LPP Rules. 2

3 Priority 1 applicants (only) select the appropriate rights category and provide information on their existing right to the name applied for A right can support an application only if it is an Identical Match to the Domain Name applied for Once applicants submit the information, they are presented with the date by which the outcome of the validation will be provided. Is the information submitted complete? Validator sends the applicant a notice of the deficiencies via . The applicant has 7 days from the date of the to provide supporting information. Validator checks if the application qualifies for the priority claimed. Does the application qualify? The Applicant has 10 days from the date of the communication of the outcome to appeal for a fee of GBP 120. If the applicant is successful the fee will be refunded. The outcome is entered into the Validation System and can be viewed by the applicant. Once the Sunrise and LPP end, the registry resolves contention sets according to the priority order. Contentions between applicants with the highest priority are resolved by auction. 3

4 tes 1. The rights that can support a Priority 1 application and the information required are as following: Registered Trade Marks effective in the UK Trade mark name: Trade mark number: Jurisdiction: UK/CTM/WIPO Trade mark owner: Date of application (must be prior to 1 April 2014): (If Trade mark owner is different from applicant, applicant must indicate the link between themselves and the trade mark owner e.g. an affiliate, licensee, etc) Registered Company Names Company Name: Companies House Number: Date of Incorporation (must be prior to 1 April 2014): (If Registered Company is different from applicant, applicant must indicate the link between themselves and the registered company e.g. an affiliate, licensee, etc) Registered Charity Names Charity Name: Charity Commission Number: Date of Registration: (If Registered Charity is different from applicant, applicant must indicate the link between themselves and the registered company e.g. an affiliate, licensee, etc) Unregistered Trade Marks and Trading Names Name: Name Owner: Upload of evidence of proof of use of the name in London (If Name Owner is different from applicant, applicant must indicate the link between themselves and the trade mark owner e.g. an affiliate, licensee, etc) Personal Names Full Legal Name: Upload proof of legal name 2. Identical Match means that the domain name applied for must exactly match the text of the right claimed and any evidence supplied, subject to the following exceptions: As a domain name cannot contain spaces or special characters (such as, but not limited &, $, #, %,!, :, *, + ), these characters may be either (i) omitted; or (ii) replaced by hyphens by the applicant. and & may additionally be spelled out with at or and respectively. For business entities, identifiers of company types (e.g. Limited, Ltd, LLP, plc etc.) may be omitted from the domain name. 4

5 Applicants may apply for their full legal name or one or more of their forenames in combination with their surname. For example, Alexander James Smith would be entitled to priority to the domain names: alexanderjamessmith.london alexandersmith.london or jamessmith.london However, the following would not qualify for London Priority 1: alexander.london alexanderjames.london or smith.london 3. For unregistered trade marks and trading names, the applicant must prove use of the name by submitting any of the following types of evidence which must contain the name in a clear, stand- alone format: Dated advertising and marketing materials (e.g. brochures, pamphlets, catalogues, product manuals, displays or signage, press releases, screen shots, social media marketing materials etc.) Links to websites, screen shots from websites Headed and dated stationary, receipts, invoices Dated photographs or scans of product labels, tags or containers A signed declaration of use by a UK solicitor or trade mark attorney 4. For personal names, the applicant must demonstrate the authenticity of the application by means of submitting a copy of one of the following documents: Current and valid passport Current, valid full UK photo- card driving licence Birth certificate Residence permit showing full name and current address National Insurance Card Other official certificates that provide evidence of the legal name (e.g. marriage certificates) 5. All information, evidence, and documentation submitted by an applicant must meet the following standards: Submitted as an electronic file with maximum size of 10 MB Up to 5 items can be uploaded Materials must not be retouched or otherwise altered 5