Following the opening of the new gTLD extensions, ICANN has established a new conflict resolution procedure linked to these domain names, known as the Uniform Rapid Suspension (URS).
This procedure aims at punishing clear-cut cases of trademark rights infringement with respect to these new extensions, and is a swifter and less costly procedure than the UDRP.
Complaints should be filed electronically to URS providers appointed by ICANN. The two primary providers are:
– The National Arbitration Forum (http://www.adrforum.com/)
– The Asian Domain Name Dispute Resolution Centre (https://www.adndrc.org/index.html)
Complaints must be drafted in English, and must not exceed 500 words.
Complaints must contain the following:
- Identification of the trademark(s) upon which the complaint is based, as well as products and services covered;
- Proof of use of the trademark (unnecessary if the trademark has been registered with the TMCH);
- The domain name contested is identical or similar to the prior trademark;
- Absence of a legitimate interest of the registrant;
- Registration and use of the domain name in bad faith.
The respondent will then have 14 days to respond from the date the notice of the complaint was sent, and their response must not exceed 2,500 words. The examiner will then have 5 days from the date of receipt of the response (or lack thereof) to issue a determination.
While the UDRP procedure results in the transfer or cancellation of the domain name that is the subject of the complaint, the URS procedure only provides for the suspension of the contentious domain name. This suspension may be extended for one year upon the request of the complainant.
It should also be noted that contrary to the UDRP procedure, the URS procedure provides for an appeal of the determination to the URS provider, with the selection of a new examiner.
Regarding the cost of the procedure, ICANN charges a tax of US$300 to US$500. The exact amount will be determined subsequent to discussion with the selected URS providers.