This document establishes the rules under which you, as a Trademark right holder (hereinafter "You" or "Your") may use the Uni Extended Protection Service and its Uni Extended Protection Service Plus variant (collectively "the Service") as developed and provided by Uniregistry Corp ("Uniregistry" or "We").
1. The Service
Uniregistry operates various Top Level Domains whose list can be found at https://uniregistry.link/our-extensions/ (hereinafter "TLDs" or "Extensions") for Internet domain names ("the Domain Names"). The Domain Names can be registered by anyone and, from time to time, are regrettably abused, for squatting or fraud purposes.
Developed by Uniregistry, the Service allows You to block a registered trademark - to which You have a right, as evidenced by its registration in the Trademark Clearinghouse (http://www.trademark-clearinghouse.com, hereinafter "the TMCH") - in all the TLDs, ensuring that the Domain Names formed by Your registered trademark ("the Trademark") and the Extensions cannot be registered by a third party.
The record of Your Trademark in the TMCH contains label(s), which are a different representation of Your Trademark (i.e. 'Example-Trademark' and 'Example & Trademark'). Uni EPS blocks the exact string of one (1) label of your choice in the Extensions (e.g. 'Example-Trademark' OR 'Example & Trademark'). Uni EPS+ automatically blocks ALL the labels for Your Trademark that are part of the TMCH record (e.g. 'Example-Trademark' AND 'Example & Trademark') as well as common variations of the Trademark's string in various languages and scripts.
2. The Extensions
While Uniregistry would like all the Extensions to benefit from the Service, some may have to be excluded from time to time. You should liaise with your Registrar to know the list of TLDs where the Service is available at any given time. Additionally, while the Service will be applied to TLDs that may become operated by Uniregistry at a later date, it may no longer be available for TLDs that are no longer operated by Uniregistry.
3. The Trademark
To be valid under the Service, the Trademark must be registered in a trademark registry, that complies with the TMCH's criteria (see http://www.trademark-clearinghouse.com/sites/default/files/files/downloads/how_to_submit_a_tm_record_0.pdf for more details). Once registered in the TMCH, the Trademark will be available as a Signed Mark Data file ("SMD"). The SMD will contain all the labels of the Trademark and identify You as the holder of the corresponding rights. To benefit from the Service on the Trademark, You will need to ask your Registrar to submit the SMD to Uniregistry.
The TMCH is responsible for validating and authenticating marks (as applicable), and hearing challenges regarding the validity of a Trademark or SMD File. As part of the Service, we rely on the validity of the trademark holder information contained in SMD Files provided by the TMCH.
In order to be considered as a valid label for the Service, the Trademark must meet the following requirements:
- The label must consist exclusively of the letters A-Z (case insensitive), the numbers 0-9, and hyphens;
- The label may not begin or end with a hyphen;
- For Uni EPS+ Blocks in Internationalized Domain Names ("IDN"), the label must be in the character scripts/languages Uniregistry currently offers and supports;
- The label may only have two consecutive hyphens (-) in the third and fourth positions, if any, when preceded by "xn" and followed by a label that corresponds with an IDN containing characters referred to in above;
- The label does not exceed 63 characters; and
- The label must be based on a domain name label contained in an SMD file that is made up of at least three characters.
- Comply with RFC 1035, RFC 1123, and RFC 2181.
As part of Uni EPS+, You can block names that are not identical but confusingly similar to the Trademark and its label(s). To that end, Uniregistry will automatically compute a list of such names based on the confusable characters list published by the Unicode Consortium (http://www.unicode.org/Public/security/latest/confusables.txt).
After an SMD has been validated and all labels have been extracted from it, every character of each label will be checked against the list of confusable characters and the system will generate all the possible similar variants that can be created using the characters supported by Uniregistry IDN tables. Uniregistry will create Blocks for each of these variants. The price for the Uni EPS+ service remains a flat fee irrespective of the number of variants or labels in the SMD.
5. Unblocking a Domain
You may elect to convert a blocked string in a TLD into an actual Domain Name by overriding the Block and go through your Registrar to register the Domain Name at the regular price in the Extension(s).
Because identical Trademarks can coexist in the TMCH, you understand and agree that a third party holding the right on an identical Trademark may request to Unblock your Block in one or more of the Extensions.
You may elect to perform a block for 1, 3, 5 or 10 years. At the expiration of your period of choice, you may also renew a block for 1, 3, 5 or 10 years. The time starts when your Registrar has requested a valid Block to Uniregistry on your behalf by submitting the right SMD file.
The Block will remain valid for Your selected duration (eventually compounded by a chosen renewal time) irrespective of the validity of the SMD You have used to apply for the Block.
Pricing for Uni EPS and Uni EPS+ is determined by your Registrar, according to the following principles:
- For both services, the applicable fee is the same irrespective of the number of TLDs;
- For Uni EPS, the price is for one Label contained in the SMD file.
- For Uni EPS+ the price is a flat fee for all Labels contained in the SMD file;
- Unblocking of a Domain Name is free, minus the Registrar's Registration fee for the resulting Domain;
- Variations obtained through Uni EPS+ are also subject to a flat fee irrespective of the number of variations created;
Disputes based on Your or a Third-Party use of the Service are subject to Uniregistry's Sunrise and EP Dispute Resolution Policy ("SEPRP") available at https://uniregistry.link/registry-policies.