World Intellectual Property Organization Arbitration and Mediation Center
(b) Version of Supplemental Rules. The version of these Supplemental Rules as in effect on the date of the submission of the complaint shall apply to the administrative proceeding commenced thereby.
(ii) by electronic mail (e-mail) using the address specified by the Center; or
(iii) where both parties agree, through the Centerís Internet-based case filing and administration system.
(c) Copies. When a paper submission is to be made to the Center by a Party, it shall be submitted in four (4) sets together with the original of such submission.
(d) Archive. The Center shall maintain an archive of all communications received or required to be made under the Rules.
(b) Registrar Notification. The Complainant shall provide a copy of the complaint to the Registrar at the same time as it submits its complaint to the Center.
(c) Complaint Notification Instructions. In accordance with Paragraph 4(a) of the Rules, the Center shall forward the complaint to the Respondent together with the instructions
(b) Withdrawal. If the Complainant fails to remedy any deficiencies identified by the Center within the time period provided for in Paragraph 4 of the Rules (i.e., five (5) calendar days), the Center shall notify the Complainant, the Respondent and NIC.TM of the deemed withdrawal of the complaint.
(c) Fee Refunds. Unless the Complainant confirms its intention to re-submit a complaint to the Center following a deemed withdrawal, the Center shall refund the fee paid by the Complainant pursuant to Paragraph 19 of the Rules, less a processing fee as set forth in Annex C.
(b) Responsibilities. The Case Administrator may provide administrative assistance to the Administrative Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.
(b) Presiding Panelist
ii.Where, under Paragraph 6(e) of the Rules, a Party fails to indicate its order of preference for the Presiding Panelist to the Center, the Center shall nevertheless proceed to appoint the Presiding Panelist.
iii.Notwithstanding the procedure provided for in Paragraph 6(e) of the Rules, the Parties may jointly agree on the identity of the Presiding Panelist, in which case they shall notify the Center in writing of such agreement no later than five (5) calendar days after receiving the list of candidates provided for in Paragraph 6(e).
Where the Respondent does not submit a response or does not submit the payment provided for in Paragraph 5(c) of the Rules by the deadline specified by the Center, the Center shall proceed to appoint the Administrative Panel, as follows:
ii.If the Complainant has designated a three member Administrative Panel, the Center shall, subject to availability, appoint one Panelist from the names submitted by the Complainant and shall appoint the second Panelist and the Presiding Panelist from its published list.
(b) The word limit under Paragraph 5(b)(i) of the Rules shall be 5,000 words.
(c) For the purposes of Paragraph 15(e) of the Rules, there shall be no word limits.
COMPLAINT TRANSMITTAL COVERSHEET
Attached is a Complaint that has been filed against you with the WIPO Arbitration and Mediation Center (the Center) pursuant to the Domain Name Dispute Resolution Policy for .TM.
The Policy is incorporated by reference into your Registration Agreement with NIC.TM. Accordingly, when you registered your domain name(s) you also agreed to submit to and participate in a mandatory administrative proceeding in the event that a third party (a Complainant) submits a complaint to the WIPO Arbitration and Mediation Center concerning a domain name that you have registered. You will find the name and contact details of the Complainant, as well as the domain name(s) that is/are the subject of the Complaint in the document that accompanies this Coversheet.
You have no duty to act at this time. Once the Center has checked the Complaint to determine that it satisfies the formal requirements of the Policy, the Rules for Domain Name Dispute Resolution Policy for .TM and the Centerís Supplemental Rules for Domain Name Dispute Resolution Policy for .TM (the Supplemental Rules), and it has received the required payment from the Complainant, it will forward an official copy of the Complaint to you. You will then have 20 calendar days within which to submit a Response to the Complaint in accordance with the Rules and Supplemental Rules to the Center and the Complainant. Should you so desire, you may wish to seek the assistance of legal counsel to represent you in the administrative proceeding.
The Domain Name Dispute Resolution Policy for .TM can be found at http://www.nic.TM/dres.html
The Rules for the Domain Name Dispute Resolution Policy for .TM can be found at http://www.nic.TM/dresRules-print.html
The Center's Supplemental Rules for Domain Name Dispute Resolution Policy for .TM can be found at http://www.nic.TM/dresSupRules-print.html
Alternatively, you may contact the Center to obtain any of the above documents. The Center can be contacted in Geneva, Switzerland by telephone at +41 22 338 82 47, by fax at +41 22 740 3700 or by e-mail at email@example.com.
You are kindly requested to contact the Center to provide the contact details to which you would like (a) the official version of the Complaint and (b) other communications in the administrative proceeding to be sent.
A copy of this Complaint has also been sent to NIC.TM with which you have registered the domain name(s) that are identified in the Complaint.
By submitting this Complaint to the Center we hereby agree to abide and be bound by the provisions of the Domain Name Dispute Resolution Policy for .TM, the Rules for the Domain Name Dispute Resolution Policy for .TM and the Centerís Supplemental Rules for Domain Name Dispute Resolution Policy for .TM.
DECLARATION OF IMPARTIALITY AND INDEPENDENCE
All Domain Name Panelists shall be required to submit the following Declaration of Impartiality and Independence to the World Intellectual Property Organization Arbitration and Mediation Center prior to being appointed to sit on an Administrative Panel.
WIPO ARBITRATION AND MEDIATION CENTER
STATEMENT OF ACCEPTANCE
Case Number: ____________
I, the undersigned,
Last Name _____________________ First Name(s) __________________________,
[ ] I am independent of each of the parties and NIC.TM. However, I wish to disclose the circumstances described in the attachment hereto (attach separate sheet) as they might be of such a nature as to call in to question my independence in the eyes of one or both of the parties.
[ ] hereby declare that I decline to serve as a Panelist in the present case. (Disclosure of the reasons for declining to accept the appointment should be made on a separate sheet and attached hereto.)
Place: ____________________ Signature: _______________________
SCHEDULE OF FEES
The following schedule of fees shall apply in connection with any domain name administrative proceeding initiated on or after [.....], that is to be administered by the WIPO Arbitration and Mediation Center the (ďCenterĒ) under the Rules for Domain Name Dispute Resolution Policy for .TM
Number of Domain Names Included in the Complaint Fee (United States Dollars)
6 to 10 2000 [Panelist: 1300; Center: 700]
More than 10 To be decided in consultation with the WIPO Arbitration and Mediation Center
6 to 10 4000 [Presiding Panelist: 1200; Co-Panelist: 1000; Center: 800]
More than 10 To be decided in consultation with the WIPO Arbitration and Mediation Center
1. The fee consists of an amount to be retained by the Center as an administration fee and an amount to be paid to a Panelist.
2. In the event of the withdrawal of a complaint in accordance with Paragraph 4 of the Rules and Paragraph 5(b) of the Supplemental Rules, or the termination of an administrative proceeding prior to the appointment of an Administrative Panel, for cases involving up to 10 domain names the Center shall withhold a processing fee in the amount of the Center's share of the total fee; for cases involving more than 10 domain names the Center shall determine in its sole discretion the processing fee to be withheld by the Center, subject to a minimum of US$700 for single-member panel complaints and US$800 for three-member panel complaints. In the event of the termination of an administrative proceeding after the appointment of an Administrative Panel, the Center shall determine in its sole discretion whether any amount of fee paid by either party shall be refunded.
3. Payments shall be made by any of the following means only:
Arbitration and Mediation Center
34, chemin des Colombettes
1211 Geneva 20
(When mailing the check, please mention the paying party and the case reference.)
(iii) Deduction from WIPO current account
(iv) Credit card (American Express, Visa, MasterCard):
5. All bank charges, transfer fees or other amounts that may be levied in connection with a payment made to the Center shall be the responsibility of the party making the payment.
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