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IP Claims Process for the New .biz Top Level Domain

  • The process for the introduction of the new .biz top level domain registries provides for the lodgement of "IP Claims" – notifications of trade mark rights - to discourage "cybersquatters" from adopting existing trade marks as .biz domain names.
  • The first stage of this process is the lodgement of an "IP Claim" with the .biz registry, NeuLevel, Inc. This can be done through the local registrar Melbourne IT, and must be completed by 9 July 2001. The lodgement of an IP Claim does not guarantee that the claimant will, should it also apply for the domain name in question, be granted the domain name, but rather functions to put other parties on notice of the trade mark rights of the claimant.
  • Organisations which have lodged an IP Claim, must apply separately for the relevant .biz domain name if they wish to register it.
  • In the second stage, applications for registration of domain names will be open through the registrars from after the end of the IP claim period, through until late September 2001. Applications will be processed randomly.
  • Where the character string of a domain name for which registration is sought is identical to a trade mark which has been the subject of an IP claim, the registrar will notify the applicant and place the application "on hold" for 30 days. If during this period the applicant notifies the registrar that it wishes to proceed with the application, the application will be included in the selection process.
  • The .biz domain will go live in November 2001. IP claimants will be notified of any matches between their trade marks and domain names which have been registered, together with the WHOIS data for the registrant. The claimant will then have the option of negotiating with the registrant, or using the processes of the Start-up Trademark Opposition Policy (STOP), which carries a lower burden of proof than the standard Uniform Dispute Resolution Policy which will apply after the .biz launch.

 

Clients should review their important trade marks and consider the lodgement of IP claims before the deadline of 9 July.

Further information on the process can be obtained from Melbourne IT at www.inww.com or NeuLevel Inc at www.neulevel.com.

The staff of Halford and Co will be also be pleased to assist.

Halford & Co.

June 2001

Patent and Trade Mark Attorneys - Intellectual Property Specialists
 Halfords IP, Level 7, 1 Market Street, Sydney, NSW, 2000, AUSTRALIA T: +61 2 9264 8388 | F: +61 2 9264 1810