Unsponsored TLD Agreement: Appendix J (.pro)

Unsponsored TLD Agreement: Appendix J (.pro)
Posted: 11 February 2002

Start-Up Plan

1. Introduction

This document describes the start-up plan for the .pro top-level domain (TLD). The .pro TLD is intended to contain Registered Names registered to credentialed professionals (see Appendix L for details). These Registered Names will appear as third-level domains within second-level domains (such as .med.pro) devoted to particular professions.

These professions-specific second-level domains (PS-SLDs) will be introduced in phases. This start-up plan includes a set of initial procedures required for start-up of the first phase of second-level domain introductions as well as procedures for the start-up of second-level domains in the later phases.

1.1 Procedures for Introduction of First-Phase PS-SLDs. The following procedures will be used for the first-phase PS-SLDs:

• Prior to beginning any of the registration periods, the Registry Operator will implement the initial Testing Period (as defined in Section 2 of this Appendix J).
• Prior to Registry Live Start Date (as defined below), the Registry Operator will implement a registration period during which registered trademark owners may register their marks as domain names in the first-phase PS-SLDs in order to allow them to protect their intellectual property ("Sunrise Period"). (See Section 3 of this Appendix J.)
• Following the Sunrise Period, the Registry Operator will run a standard first-come, first-served registration process for Registered Names within the first-phase PS-SLDs, that is open to all qualified registrants in those PS-SLDs ("Registry Live Period"). (See Section 4 of this Appendix J.)
• Domain names successfully registered during the Sunrise Period will resolve no sooner than at the beginning of Registry Live Period ("Registry Live Start Date") for the PS-SLD. After the Registry Live Start Date, domain name registrations will resolve in near real time, following completion of verification and digital-certificate processes (set forth in Appendices L and M).
• Each of the first-phase PS-SLDs may be launched separately and on different time tracks. The processes described in this Appendix J should be read as the timeline and process for each PS-SLD.

1.2 Procedures for Introduction of Subsequent-Phase PS-SLDs. The following procedures will be used for PS-SLDs introduced after the first-phase PS-SLDs:

• The Registry Operator will submit to ICANN a start-up documentation package describing the arrangements for the start-up and operation of the PS-SLD(s), as described in Section 4 of Appendix L. This package must be approved by ICANN according to the procedures of Appendix L.
• Prior to beginning any of the registration periods for the PS-SLD, the Registry Operator will implement a registrar notification and, if necessary, qualification period (as described in Section 2 of this Appendix J).
• Prior to Registry Live Start Date (as defined below), the Registry Operator will implement a registration period during which registered trademark owners may register their marks as domain names in the PS-SLDs in order to allow them to protect their intellectual property ("Sunrise Period"). (See Section 3 of this Appendix J.)
• Following the Sunrise Period for the PS-SLD, the Registry Operator will run a standard first-come, first-served registration process for Registered Names within the PS-SLDs, that is open to all qualified registrants in those PS-SLDs ("Registry Live Period"). (See Section 4 of this Appendix J.)
• Domain names successfully registered during the Sunrise Period will resolve no sooner than at the beginning of Registry Live Period ("Registry Live Start Date") for the PS-SLD. After the Registry Live Start Date, domain name registrations will resolve in near real time, following completion of verification and certification processes (set forth in Appendices L and M).

1.3 Summary of Start-Up Procedures and Schedules.

Where the dates for the notification and challenge timelines fall on a significant public holiday in a particular jurisdiction, the Registry Operator may extend such timeline until after the public holiday.

2. Testing and Registrar Notification Periods

2.1 First-Phase PS-SLDs.

The Registry Operator will conduct a testing and education period ("Testing Period") for Authorized Registrars. (As used in this Appendix J, the term "Authorized Registrar" refers to a registrar accredited by ICANN for the .pro TLD that has entered into, and has currently in effect, the Registry-Registrar Agreement (Appendix F).)

The Testing Period will be conducted in a manner consistent with Subsection 3.5 of the Registry Agreement and will commence on the Effective Date. It will include a minimum 30-day period for Authorized Registrars to submit to OT&E certification before the beginning of the Sunrise Period. Registry Operator will publicly announce, and give ICANN written notice of, the beginning of the OT&E certification period at least 15 days before its beginning.

The Registry Operator may implement, in a manner consistent with Subsection 3.5 of the Registry Agreement, a Testing Period for any Authorized Registrar at any time during the processes set forth in this Appendix J before allowing that registrar to sponsor domain names within the PS-SLD.

2.2 Subsequent-Phase SLDs.

Upon ICANN approval, according to the procedures described in Section 4 of Appendix L, of the start-up documentation package (including start-up schedule) for a PS-SLD, the Registry Operator will give all Authorized Registrars and ICANN written notice, and will announce publicly, the introduction of the PS-SLD. The notice period and procedures will be specified in the start-up documentation package.

3. Sunrise Periods

During the Sunrise Period for each PS-SLD, the following applicants will be eligible to register a domain name ("Sunrise Registration" or "Sunrise Registrant"):

(a) owners of any current (non-expired) trademark or service mark registration

(b) having national effect (including, for example, European Community Trademarks (CTMs), but excluding United States state registrations)

(c) that issued prior to (i) December 31, 2001 for first-phase PS-SLDs or (ii) a date established in the start-up documentation package for other PS-SLDs,

(d) if the domain name (specifically, the third-level label) is identical to the textual or word elements of the trademark or service mark, and

(e) the applicant qualifies to register a Registered Name within the PS-SLD (see Appendix L for details).

In determining whether the domain name is identical to the textual or word elements of the trademark or service mark (item (d) immediately above), only ASCII characters in the trademark or service mark will be considered. Where there is a space between the textual elements of a mark, the registrant may elect at his, her, or its discretion to use a hyphen or combine the elements together. For example, the mark "SERVICE MARK" could be registered as servicemark.law.pro or service-mark.law.pro. Trademark or service mark registrations from the supplemental or equivalent registry of any country, or from individual states or provinces of a nation, will not be accepted.

3.1 Process

3.1.1 Notice. For the first-phase PS-SLDs, the Registry Operator will make a general public announcement fifteen (15) days prior to the launch of the Sunrise Period that will provide the following information:

3.1.1.1 The estimated commencement date for the Sunrise Period ("Sunrise Start Date");

3.1.1.2 The estimated completion date for accepting Sunrise Registrations ("Sunrise End Date") (which will be at least fifteen, but no more than thirty, days after the Sunrise Start Date); and

3.1.1.3 The description of the Sunrise Period process.

For subsequent-phase PS-SLDs, a similar notification will be provided, but the details (including schedule) will be according to the start-up documentation package submitted by the Registry Operator to ICANN and approved by ICANN under Section 4 of Appendix L.

3.1.2 Sunrise Dates. Beginning with the Sunrise Start Date, the Registry Operator will begin processing qualified domain name registration requests on a first-come, first-served basis. Sunrise Registrations will not be processed after the Sunrise End Date.

3.1.3 Sunrise Evaluation Period. After the Sunrise End Date for the first-phase PS-SLDs, the Registry Operator reserves the right, at its discretion, to institute an "Evaluation Period" of up to thirty (30) days prior to launching the Registry Live Period for the PS-SLD. For subsequent-phase PS-SLDs, an Evaluation Period will be held (or not) as specified in the start-up documentation package submitted by the Registry Operator to ICANN and approved by ICANN under Section 4 of Appendix L. The purpose of the Evaluation Period is to provide the Registry Operator the opportunity to evaluate the operation of the Sunrise Period and to allow disputes or necessary modifications stemming from the Sunrise Period to proceed toward resolution.

3.1.4 First Come, First Served. In the event that separate applicants submit registration requests for identical trademarks in the same Registered Name, the first request to be processed by the Registry Operator and successfully added to the zone file will be awarded the registration.

3.1.5 No Cancellations. During the Sunrise Period and the first sixty (60) days of the Registry Live Period, the Registry Operator will not provide a grace period for cancellation of added registrations. Sunrise Period registrations may not be transferred to another Registered Name holder until thirty (30) days after the conclusion of the Sunrise Period for the PS-SLD, except according to a Sunrise Challenge decision (as described in this Subsection 3.1), a Qualification Challenge decision (see Appendix M), a UDRP decision, or an order from any court of competent jurisdiction.

3.1.6 Minimum Term. The registry fees for all Sunrise Registrations must be pre-paid for a minimum term of three (3) years at the time of registration.

3.2 Qualified Registrants

3.2.1 Gathering and Maintenance of Qualification Data. During the Sunrise Period for any PS-SLD, the Registry Operator shall require Authorized Registrars to collect from registrants, examine, and maintain the following information before the Registry Operator will process any registration for the PS-SLD during the Sunrise Period (a "Sunrise Registration").

3.2.1.1 The ASCII character name of the trademark;

3.2.1.2 The date the trademark registration issued;

3.2.1.3 The country of registration;

3.2.1.4 The registration number;

3.2.1.5 Right-to-use information (professional qualification) (per Appendices L and M); as well as

3.2.1.6 Domain name;

3.2.1.7 The identity of the registrar;

3.2.1.8 The beginning and expiration dates of the registration;

3.2.1.9 Contact information for the registrant, administrative contact, technical contact, and billing contact;

3.2.1.10 The names of any name servers associated with the domain; and

3.2.1.11 The IP addresses of those name servers.

3.2.2 Whois. The Whois data for the Sunrise Registrations (see Subsection 3.2.1 above) will be provided at the Registry level upon their registration, although the domain names will not resolve until the Registry Live Start Date. (Also see Appendix O for description of the Registry Operator-provided Whois.)

3.2.3 Verification. Registration applications will be processed by the Registry Operator only upon completion of examination of the trademark information (see Subsection 3.2.1 of this Appendix J) and verification of .pro registration qualifications (see Section 8 of Appendix L).

3.3 Sunrise Challenges. Challenges to Sunrise Registrations may be made on the grounds and according to the procedure specified in Appendix M.

4. Registry Live

After the conclusion of the Sunrise Period for a particular PS-SLD, including any Sunrise Evaluation Period, the Registry Live Period for the PS-SLD will commence. During the Registry Live Period, registrations will be processed on a first-come, first-served basis, provided that all registration requirements are met, including verification of the registrants' right to register in the selected PS-SLD. (See Appendices L and M for details.) Registrations will resolve on a near-real-time basis. Prior to resolution of a domain name, a digital security product will be associated with the domain name.
4.1 No Cancellations. During the first sixty (60) days of the Registry Live Period for a particular PS-SLD, the Registry Operator will not provide a grace period for cancellation of added registrations.

5. Dispute-Resolution Providers

5.1 UDRP Dispute-Resolution Providers. UDRP disputes arising in the.pro TLD will follow the UDRP procedures approved by ICANN, including the use of the UDRP providers approved by ICANN.

5.2 Sunrise Challenge Dispute-Resolution Providers. Sunrise Challenge dispute-resolution providers will be designated according to the procedures described in Appendix M.

5.3 Qualification Challenge Dispute-Resolution Providers. Qualification Challenge dispute-resolution providers will be designated according to the procedures described in Appendix M.

6. Miscellaneous - Disclaimer of Third-Party Liability. The provisions of this Registry Agreement (including Appendices L and M) shall not create any liability on the part of Registry Operator to any person or entity other than ICANN in connection with any dispute concerning any Registered Name or other Registry Service, including the decision of any dispute-resolution proceeding related to any of the foregoing.