World Intellectual Property Organization Arbitration and Mediation Center
Supplemental Rules for Domain Name Dispute Resolution Policy for .TM Names.

1. Scope

    (a) Relationship to Rules. These Supplemental Rules are to be read and used in connection with the Rules for Domain Name Dispute Resolution Policy for .TM.

    (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.

2. Definitions
    Any term defined in the Rules shall have the same meaning in these Supplemental Rules.
3. Communications
    (a) Modalities. Subject to Paragraphs 3(b) and 5(b) of the Rules, except where otherwise agreed beforehand with the Center, any submission that may or is required to be made to the Center or to an Administrative Panel pursuant to these Rules, may be made:
      (i) by telecopy or facsimile transmission, with a confirmation of transmission;

      (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.

    (b) E-Mail Address. For the purposes of any communications by electronic mail to the Center, including those required under Paragraphs 3(b) and 5(b) of the Rules, the following address should be used: domain.disputes@wipo.int.

    (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.

4. Submission of Complaint
    (a) Complaint Transmittal Coversheet. In accordance with Paragraph 3(b)(xii) of the Rules, the Complainant shall be required to send or transmit its complaint under cover of the Complaint Transmittal Coversheet set out in Annex A hereto. Where available, the Complainant shall use the version that is in the same language(s) as the registration agreement(s) for the domain name(s) that is/are the subject of the complaint.

    (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

5. Formalities Compliance Review
    (a) Deficiency Notification. The Center shall, within five (5) calendar days of receiving the complaint, review the complaint for compliance with the formal requirements of the Policy, Rules and Supplemental Rules and notify the Complainant and Respondent of any deficiencies therein.

    (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.

6. Appointment of Case Administrator
    (a) Notification. The Center shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Administrative Panel.

    (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.

7. Panelist Appointment Procedures
    (a) Party Candidates. Where a Party is required to submit the names of three (3) candidates for consideration for appointment by the Center as a Panelist (i.e., in accordance with paragraphs 3(b)(iv), 5(b)(v) and 6(d) of the Rules), that Party shall provide the names and contact details of its three candidates in the order of its preference. In appointing a Panelist, the Center shall, subject to availability, respect the order of preference indicated by a Party.

    (b) Presiding Panelist

      i.The third Panelist appointed in accordance with Paragraph 6(e) of the Rules shall be the 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).

    (c) Respondent Default

    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:

      i.If the Complainant has designated a single member Administrative Panel, the Center shall appoint the Panelist from its published list;

      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.

8. Declaration
    In accordance with Paragraph 7 of the Rules, prior to appointment as a Panelist, a candidate shall be required to submit to the Center a Declaration of Independence and Impartiality using the form set out in Annex B hereto.
9. Fees
    The applicable fees for the administrative procedure are specified in Annex C hereto.
10. Word Limits
    (a) The word limit under Paragraph 3(b)(ix) of the Rules shall be 5,000 words.

    (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.

11. Amendments
    Subject to the Policy and Rules, the Center may amend these Supplemental Rules in its sole discretion.
12. Exclusion of Liability.
    Except in respect of deliberate wrongdoing, an Administrative Panel, the World Intellectual Property Organization and the Center shall not be liable to a party or NIC.TM for any act or omission in connection with the administrative proceeding.


ANNEX A

COMPLAINT TRANSMITTAL COVERSHEET

COMPLAINT

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 domain.disputes@wipo.int.

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.


ANNEX B

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
AND
DECLARATION OF IMPARTIALITY AND INDEPENDENCE


Case Number: ____________

I, the undersigned,

Last Name _____________________ First Name(s) __________________________,

    [ ] hereby declare that I accept to serve as a Panelist under the Domain Name Dispute Resolution Policy for .TM and the Rules for Domain Name Dispute Resolution Policy for .TM, and the WIPO Arbitration and Mediation Centerís Supplemental Rules for Domain Name Dispute Resolution Policy for .TM. By making this declaration, I confirm that I have familiarized myself with the principles, standards, requirements and fees set out in the aforementioned instruments and that I am available to serve as a Panelist in accordance therewith. I further declare that, by accepting to serve as a Panelist in this case, I shall execute my responsibilities honestly, fairly and within the time periods required by the Rules and Supplemental Rules.
Please check the appropriate box below, taking into consideration, inter alia, whether there exists any past or present relationship, direct or indirect, with either of the parties or the registrar, whether financial, professional or of another kind and whether the nature of any such relationship is such that disclosure is called for. [Any doubt should be resolved in favor of disclosure].
    [ ] I am independent of each the parties and NIC.TM. To the best of my knowledge and belief, there are no facts or circumstances, past or present, or that could arise in the foreseeable future, that need to be disclosed 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.

    [ ] 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: _______________________


    Date: ____________________


ANNEX C

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


SINGLE PANELIST

Number of Domain Names Included in the Complaint Fee (United States Dollars)

    1 to 5 1500 [Panelist: 1000; Center: 500]

    6 to 10 2000 [Panelist: 1300; Center: 700]

    More than 10 To be decided in consultation with the WIPO Arbitration and Mediation Center


THREE PANELISTS


Number of Domain Names Included in the Complaint Fee (United States Dollars)

    1 to 5 3000 [Presiding Panelist: 900; Co-Panelist: 750; Center: 600]

    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:

    (i) Bank transfer: Account OMPI No. CH52 0425 1063 0397 8200 0, Credit Suisse, 1211 Geneva 70, Switzerland, Swift Code: CRESCH ZZ12A (When making the transfer, please indicate the purpose of the payment, including the case reference if available, or the names of the parties to the administrative proceeding.)

    (ii) Check:
    Beneficiary:

        World Intellectual Property Organization (WIPO)
        Arbitration and Mediation Center
        34, chemin des Colombettes
        1211 Geneva 20
        Switzerland
        (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):
    (Please provide name of cardholder as it appears on the card, card number, card expiration date, card type. Payments by credit card may also be made by telephone by calling (+41 22) 338 8247.)


4. Payments in cash will not be accepted.

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.

Copyright © 2010 NIC.TM - All rights reserved