Sunrise Trademark-Specific Questions

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• What domain name can I apply for based upon my registered trademark?

  Applications for a domain name on the basis of a registered trademark must be identical to the registered trademark. For example, the holder of the registered trademark “DELOITTE” can register the domain name <deloitte.co>. Certain exceptions to the “identical match” rule exist.

  The designated Validation Agents must be able to confirm the trademark registration on the basis of an official online freely accessible trademark database or on the basis of the provided documentary evidence.

• What information about my trademark do I have to submit with my application?

  An applicant must provide the following information regarding a registered trademark:

  1. The exact word or phrase described by the registered trademark used in the application.
  2. The registration number of the registered trademark’s current registration. This is not the trademark application number. This number must enable the Validation Agents to access the correct registration entry in the trademark registry or trademark office.
  3. The location (country/region/organization) where the right is established, using the appropriate official WIPO ST.3 two-letter code (see http://www.wipo.int/scit/en/standards/pdf/03-03-01.pdf).
  4. The capacity of the applicant (either “owner”, “licensee” or “assignee”). The term “assignee” should be used in cases where the ownership of the registered trademark is not (yet) reflected by the trademark office, for instance, if the trademark has been recently transferred; or in cases where the applicant is a co-owner.

  The Validation Agents will verify both the applicant’s entitlement to the trademark and the trademark’s correspondence to the domain name applied for.

• Are there exceptions to the “identical match” rule?

  The following exceptional circumstances will not lead to an identical match, but they will nevertheless be deemed acceptable match. No priority or any other advantage shall be given to “identical matches” over “acceptable matches”.

  Exceptions for Spaces, Punctuations and Special Characters

  For registered trademarks that contain spaces between textual elements, the spaces may be omitted or replaced by a hyphen. For example, the registered trademark “A B C D” is an acceptable match to domain names such as “A-B-C-D.co”, “ABCD.co”, “AB-CD.co.”

  Punctuation and special characters in a registered trademark may also be omitted or replaced by hyphens. These characters include but are not limited to the following: ~ @ # !, §, % ^ © or &. For example, the domain name “AB.CO” is an acceptable match to the registered trademark “A&B” or “A~B”; “A--B.co” is an acceptable match for the registered trademark “A==B.”

  Punctuations and special characters may also be spelled out in full utilizing LDH (Letter Digit Hyphen) characters with appropriate word(s) describing the character. For example, “A+B” can be written as “AandB.co” or “AplusB.co.” Both will be considered an acceptable match. The Validation Agents will determine the appropriateness of character replacement, and additional information may be requested.

  Exceptions for Accented and Combined Characters

  Registered trademarks that contain elements beyond the LDH (Letter Digit Hyphen) repertoire as technically accepted by the DNS (without IDN provisions) may replace those characters with corresponding LDH characters for which the additional element is removed or for which the characters are decoupled. For example, characters such as “�”, “�”, “�”, “�” “�” or “oe”, may be replaced by “a”, “e”, “n”, “o”, “ae” or “oe” respectively. The resulting text will be considered an acceptable match with the corresponding registered trademark.

• Which registered trademarks are eligible for Sunrise application?

  To qualify for Local Sunrise, you must hold a trademark registered with the Colombian trademark office on or before July 30, 2008

  To qualify for Global Sunrise, you must hold a trademark of national effect registered on or before July 30, 2008

• When is a trademark considered “registered”?

  This depends wholly on the relevant legislation governing the trademark. In all such cases, the Applicant must be able to provide evidence of actual registration.

• My trademark application is pending. May I apply for a matching domain during Sunrise?

  No. The .CO Sunrise Process is only open to registered trademarks that have obtained a registered status on or before July 30, 2008. We suggest that you submit an application for Landrush if you do not qualify for either Sunrise phase.

• Who validates applications during the Sunrise phases?

  The designated Validation Agents for the .CO Sunrise phases are Deloitte and Laga. The Registry will submit all applications to the Validations Agents for validation. Nevertheless, it is the Registry that makes the final decision to register a domain.

• Can I track my application through the validation process?

  Yes, the Registry has made available a WhoHas database on which all applications are listed located at: https://www.ipclearinghouse.co/cgi-bin/chip/whohas/index.pl Applicants will be able to verify the status of an application by reviewing this database.

• How long does the validation process take?

  The Registry intends to process the applications in an efficient and expedient fashion; however, the total time required for a particular application is highly dependent on a number of factors, such as the total number of applications received, whether documentary evidence is required, and the number of requests for reconsideration received. The Registry will attempt to process most applications during each Sunrise phase or shortly thereafter.

• Will I receive a notification when the Registry/Validation Agents update these databases?

  No. It is up to the Applicant to check the WhoHas database on a regular basis. The Registry and Validation Agents will provide more information about this database once the Local Sunrise phase launches on April 1.

• How do I know what evidence I need to submit to the Validation Agent?

  If documentary evidence is required to substantiate the trademark claim made in an application, the Validation Agents will send an email to the email address of the administrative contact with details of the request. According to the .CO Sunrise Policies, the applicant may be required to provide, by way of example and without limitation, evidence such as:

  1. An electronic copy of an official document issued by the corresponding trademark office or trademark registry indicating that the trademark has obtained a registered status before July 30, 2008. Either the original registration or, in case the expiry date of the initial registration is before the actual submission date of the application, the latest renewal certificate should be submitted;
  2. If the applicant is an assignee or licensee, he/she will be asked to provide corresponding declarations;
  3. An original or certified copy of any document the Validation Agents deems relevant. A certified translation of documents that are not in English may be requested by the Validation Agents at any time;
  4. Proof of current and significant use of the trademark in the country wherein the trademark registration has been obtained (even if the trademark laws in such countries do not require the trademark owner to actually use the trademark within a specific timeframes).

• What are the rules for submitting evidence to the Validation Agent?

  Any request for documentary evidence must be responded to within the time period specified by the Validation Agents. Submission of documentary evidence will be primarily by electronic format. The electronic documentation must meet the following technical requirements:

  1. File format: PDF and a maximum size of 1 Mb
  2. Content must be legible
  3. DIN A4 or Letter standard layout
  4. Documents must be humanly readable

  Other formats, such as an original copy or a certified copy of an original may be requested as the Validation Agents deems necessary. If an applicant fails to produce the documentary evidence within the time period stipulated in the request, the Application shall lapse.

• Can my rejected Sunrise application be reconsidered?

  Yes, an applicant can file a request for reconsideration within 10 days of the publication of the Registry’s decision by completing a form/document that will be made available on the websites of both the Validation Agents and the Registry. Upon receipt of the reconsideration request and the corresponding fee, the Validation Agents will re-examine the application, and notify the complainant. The Request for Reconsideration must be submitted through the applicant’s registrar, and a $100 reconsideration fee must be paid.

• Who is a trademark “owner”?

  You are the “owner” if your name is identical to the name listed as owner on the trademark registration.

• Who is a trademark “licensee”?

  You are a “licensee” if you have been granted a license to use the registered trademark by the trademark owner. Additional documentation may be required by the Registry to support your licensee status. More information will be provided when it is available from the Registry.

• Who is a trademark “assignee”?

  You are an “assignee” if the official name of the trademark owner has been changed to your name and such change has been filed with the appropriate trademark office. The term “assignee” should also be used in cases where the ownership of the registered trademark is not (yet) reflected by the trademark office, for instance, if the trademark has been recently transferred; or in cases where the Applicant is a co-owner. Additional documentation may be required by the Registry to support your assignee status if the appropriate trademark office has not properly processed the assignment. More information will be provided when it is available from the Registry.