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The Sunrise Period for name.pk Domains
June 14, 2005
The two & three character domain names under .PK are not available (without .com.pk etc suffix)
Owners of registered trademarks or service marks who wish to protect their marks will be given the opportunity to apply for .PK domain names (without .com.pk suffix, e.g. name.pk) before the general public so that their intellectual property rights may be protected. This period is known as the Sunrise Period. The Sunrise Period for .PK is derived from ICANN’s documents about the Sunrise Period startup Plan.
Not First-Come First Served Basis: To prevent preferential treatment of any single registrant, registrations submitted during the Sunrise Period will not be processed in real time, nor on a first-come, first-served basis. All applicants have an equal chance of registration of any specific domain as long as a valid domain application is sent within the first thirty days after the start of the Sunrise Period.
Standard Dispute Resolution: The Sunrise Period is a mechanism to minimize the trademark infringement disputes for the .PK domain name registration, but it is not a substitute for the standard dispute resolution procedures. All domains registered during the Sunrise Period are open to dispute claims, after the end of the Sunrise Period.
SUNRISE PERIOD: The sunrise process for .PK trademark domains will start on July 15th, 2005 and lasts until Sept 15, 2005. This will be followed by open registration without trademark restrictions. The schedule for the open registration will be posted on the PKNIC website on September 1, 2005.
In order to be considered valid, a Sunrise application must meet all of the following criteria, in addition to the criteria described elsewhere in this document:
During this Sunrise Period, owners of any current (non-expired) trademark or service mark registration having national effect (including, for example, European Community Trademarks (CTMs) but excluding United States “State” registrations) that issued prior to January 1, 2005 will be eligible to register a domain name that is identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and subject to the same character and formatting restrictions described below. 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. A subsidiary or parent company of a trademark owner entity may also apply if they are authorized by the trademark owner to register domain names for its trademarks.
Where there is a space or punctuation mark between the textual elements of a mark, the Registrant may elect at their discretion to use a hyphen or combine the elements together. For example, the mark "SERVICE MARK" could be registered as servicemark.pk or service-mark.pk. An ‘&’ in the trademark may be substituted with ‘And’ or be absent from the domain name. To allow for multiple valid configurations of a domain name based on a trademark, the above rule may be relaxed as long as the derivation is obvious, includes all the textual elements (optionally excluding punctuations and conjunction words And, &, etc), and does not broaden or narrows down the scope of the name outside the trademark. The following table shows an example of a trademark and the domain names that may be derived from it, and domain names that are not allowed based on this trademark.
Trademark : John & Rich Tyres
Acceptable Domain names: john-rich-tyres.pk, johnAndRichTyres.pk, johnRichTyres.pk, johnRich-tyres.pk, johnAndRich-Tyres.pk, john-rich-tyres.pk, johnAndRichTyres.pk, johnRichTyres.pk, johnRich-tyres.pk, johnAndRich-Tyres.pk, etc…
Unacceptable Domain names: jrt.pk, john.pk, rich-Tyre.pk, tyre.pk, john-rich.pk, johnAndRich.pk, etc.
No applications for domain names in internationalized script (including diacritical marks) shall be accepted. The domain name applied for must be represented in ASCII characters only.
Only characters in the range A to Z, a to z, 0 to 9 and hyphens will be accepted in a domain name. Names cannot begin or end with a hyphen.
The maximum length is 67 characters (inclusive of the .pk portion).
The minimum length for the domain name, exclusive of the .pk portion is four characters (e.g. 1234.pk) . A four character name before .pk can not start with one of the PKNIC second level sub-domains (e.g. com, net, org, gov, gop, etc.). For example the following domain names are not acceptable: (coms.pk, comm.pk, nets.pk, net2.pk, govs.pk, etc). The complete list of the .PK current and reserved sub-domains are .COM.PK .NET.PK .EDU.PK .ORG.PK .FAM.PK .BIZ.PK .WEB.PK .GOV.PK .GOB.PK .GOK.PK .GON.PK .GOP.PK .GOS.PK, .INFO.PK
No generic dictionary single words in English or Urdu language (Roman encoding) will be acceptable for the trademark based registration during the Sunrise Period, even if it matches a registered trademark. Such domain names may be registered after the Sunrise Period, by complying with the registration rules and procedures at that time.
The Sunrise Period requirements and procedures do not apply to the third level domains, e.g. name.com.pk, and they will continued to be registered during and after the Sunrise Period, according to the existing rules and procedures.
Sunrise domains will only be accepted for a registration term of a minimum of five years, and up to a maximum of ten years. After the initial five, or more, year registration period, the renewals of these domain names will be based on a minimum of two year periods.
The domain name is not present in the list of reserved or blocked names.
Applications must conform to general PKNIC registration policies. In the case of difference between the PKNIC registration policy and the Sunrise Period terms and conditions, the Sunrise Period terms and conditions will apply. Domain names are not required to have preconfigured name servers for them.
In addition to the domain name and applicant data the following information will be required for domain registration:
ASCII character name of the mark
Date the trademark or service mark registration was issued
Expiry Date for the trademark
Country where the trademark was issued
Trademark or Service Mark Document Copy (Image)
The domain registrant (trademark holder) may assign its agent to act as the Admin, Technical and Billing Contacts for the purpose of domain registrations.
The trademark holder must submit proof of its trademark or service mark to the SAFENAMES for verification. The proof to be submitted is in the form of an electronic image file (.PDF, .JPG or .GIF) of the trademark or service mark certificate (or equivalent document from the trademark issuing office). SAFENAMES reserves the right to ask for a fax or a paper certified/notarized copy of the trademark or service mark document from any applicant for the verification purposes.
A mechanism to submit multiple domain using a spreadsheet, and multiple documents using an archive ZIP file may be available at the start of the Sunrise Period.
DOCUMENT WAIVER: If a registrar or agent is submitting registration applications, on behalf of its clients, for many different trademarks, then a waiver may be requested to withhold submitting of trademark documents (image) for all the applications after the first batch of the document images have been submitted. The waiver request is considered on a case by case basis, and if a waiver is granted, the document (image, or certified copy) is only required when requested by the automated registration system, or by PKNIC reviewing staff. The waiver application will be available from PKNIC at the start of the Sunrise Period.
PROCESSING: During the Sunrise Period, SAFENAMES expects a large number of registrations. To prevent preferential treatment of any single registrant, registrations submitted during the Sunrise Period will not be processed in real time, or on a first-come, first-served basis. Instead, PKNIC will accept registrations over two randomized Queuing Periods. After the end of the each queue period, the queue order of all the received applications requests is randomized. SAFENAMES will process domain name requests using a round-robin mechanism such that no more than one registration request per round-robin will be processed for any applicant, whether such registration request is accepted or not, so long as more than one applicants have requests remaining in its queue. One request is comprised of one trademark with one or more matching domain names for that mark. A domain name request will be considered successful if: (i) the domain name is available; and (ii) the registrant has sufficient funds in its account for the registration; and (iii) if the trademark is of foreign origin, there is no application in that Queuing Period with verifiable trademark issued by the Pakistan Trademark & Patent Office; and (iv) has passed the compliance and review for that domain application. This round robin process will continue until all domain name requests in each individual queue have been processed.
Queuing Period 1: July 15 to August 14th 2005
Queuing Period 2: August 15 to September 14th 2005
REVIEW: PKNIC will review some or all of the domain application during the Sunrise Period to check the compliance of the Sunrise rules, and to verify some, or all, of the trademark documents submitted with the application. Note that PKNIC does not have any obligation to conduct full trademark verification for every domain application, and thus the PKNIC review is only intended to reduce the potential misrepresentation or non-compliance. Any domain application that fails the compliance review or document verification (if requested by PKNIC) will be rejected. All domain registered, including those in the Sunrise Period, are open to challenge with the general Dispute Resolution methods or by remedies available by a court of law with proper jurisdiction.
REGISTRATION: If the name is awarded, the information provided by the trademark holder will be recorded and available by PKNIC Domain lookup in order to facilitate the verification of asserted marks by third parties. The results of both Queuing rounds will be available after the end of the Sunrise Period. Due to the potential manual review of each domain application, the results will be posted as soon as available at the end of the Sunrise Period, depending on the application volume. For the domains with unsuccessful registrations, information will be available to the applicant about who registered those domains (for possible challenge).
TRADEMARK PREFERENCE: The trademark issued by the Pakistan Trademark and Patent office will have preference over those issued in other countries, if these applications with the same domain name are submitted in the same round of processing. The preference will be granted only if the application for domain for a Pakistan issued trademark is accompanied with a notarized copy of the trademark document (to be received by postal or courier service before the end date of the processing round). As per the REVIEW section above, PKNIC reserves the right to require any applicant to produce a trademark certificate, issued by the Trademark Office.
SUNRISE CHALLENGE PERIOD: At the end of the Sunrise Period, when the registrations are finalized and made public, there will be a four weeks appeal period. A Challenger seeking transfer of the Domain Name is required to demonstrate, as part of the administrative proceeding and as a condition for such transfer, the Challenger’s compliance with the Sunrise registration conditions. The Sunrise challenge process will be published at the start of the Sunrise Period.
The applicant who wants to register a domain name under .PK must read and agree to the PKNIC policy, stated below.
The registration of a domain name is a listing service. The listing service of names within the .PK delegated name space is undertaken on a First Come - First Served basis (except in cases where it infringes upon a registered tradename), moderated by the .PK domain's administration policies as determined by the delegated authority (PKNIC). The registration function does not trade in, or license in any way any entity (including the listing requesting entity) to trade in the requested name.
If a party claims that a domain name already registered with PKNIC violates their registered tradename, or an obvious derivation of their registered company name, PKNIC reserves the right to cancel, or transfer the domain to the claiming party as per the ICANN's Uniform Domain Name Dispute Resolution Policy (with PKNIC amendments) or as per the orders of a court judgment in Pakistan.
Dispute Resolution: PKNIC has adopted, with amendments, the Uniform Domain Name Dispute Resolution Policy (UDRP), established and adopted by the Internet Corporation for Assigned Names and Numbers on October 24, 1999. PKNIC's amendment take precedent if there is a conflict between the ICANN UDRP policy and PKNIC's amendments to it. Additional details are available at the following URLs:
I. Uniform Domain Name Dispute Resolution Policy (UDRP). PKNIC amendments to UDRP
II. Rules for Using the UDRP Policy.
III. Dispute Providers. Local Dispute Providers
Effective from May 15, 2001, there will be no requirement for any local presence and no Admin contact needs to be present in Pakistan
Any claim to trade name or copyright under .PK domain name is considered valid ONLY if it is registered with an official trade-name/copyright/patent office in Pakistan, or is recognized by a court of law in Pakistan.
Acceptance of the listing entry by the delegated authority confers no rights to the applicant regarding the legitimacy or otherwise of the association of the name with the applicant, nor does it confer to the applicant any other rights associated with ownership of the name, or any rights to its use.
No adjudication is made within the registration function as to whether the applicant has a legitimate right to a name. The applicant in lodging the request for a name informs the delegated authority that they are asserting a claimed right to a name.
The domain registrant for .edu.pk domain extensions must be a bona fide educational institute, with sizeable active student enrollment.
Domain names may be removed from the registration function's records upon receipt of written advice indicating that the list entry should be removed from the registry, on condition that the original applicant (or corporate entity) submits the advice to the delegated authority.
All registration information will be considered as information within the public domain, and will be accessible using the Internet as the publication vehicle. No provision is made concerning acceptance of information under any imposed condition of confidentiality or non-disclosure.
Effective from May 15, 2001, there will no restriction for the domain name to match the company or its trademarks.
Effective from May 15, 2001, there will no restriction for generic names, and these can be registered under any .pk name.
The party requesting registration of this name certifies that, to her/his knowledge, the use of this name does not violate trademark or other statues.
Registering a domain name does not confer any legal rights to that name and any disputes between parties over the rights to use a particular name are to be settled between the contending parties using normal legal methods and the "Dispute Resolution" method described above.
Certain words that are deemed derogatory, or offensive will be not be permitted in a domain name. The list of these words is provided by PKNIC Advisory Group members, and may be amended from time to time by PKNIC, based on the recommendations of the Advisory Group members.
Any domain name whose commonly understood usage results in an obvious attempt at significantly conveying hate, or derogatory material against any religion, person, living or dead, city or a sovereign entity, or a public office, title or any branch of Government of Pakistan, will be subject to de-activation and deletion. Any such action about a domain name shall be taken by PKNIC on the recommendation of its Advisory Group members, provided that the name of the targeted person, entity, or religion etc is a part of the domain name. If the name of the domain is not questionable in this way, PKNIC shall not examine or take into account the contents of any web site associated with a domain name.
If a domain name unambiguously matches the name of a famous person of Pakistan, whereas that person has been mentioned in the news media for no less than ten instances (referred to as "Famouse Person" here), such domain name will require a "No Objection" clearance from the Famous Person, when PKNIC is notified of the existence such a domain name, by any interested party.
A recurring maintenance fee of Rs 1000 per year is charged for each domain name registered with PKNIC. This fee is collected in advance every two years and covers unlimited domain modification requests.
The domains under .GOV.PK may be exempted from the maintenance fee charges.
The maintenance fee is non-refundable even if the domain name is asked to be deleted by the applicant.
PKNIC has neither the resources nor the legal obligation to screen requested Domain Names to determine if the use of a Domain Name by an Applicant may infringe upon the right(s) of a third party. Consequently, as an express condition and material inducement of the grant of an applicant's ("Applicant") request to register a Domain Name, Applicant represents, agrees and warrants as follows:
Applicant's statements in the application are true and Applicant has the right to use the Domain Name as requested in the Application;
Applicant has a bona fide intention to use the Domain Name on a regular basis on the Internet;
The use or registration of the Domain Name by Applicant does not interfere with or infringe the right of any third party in any jurisdiction in Pakistan, with respect to trademark, service mark, tradename, company name or any other intellectual property right;
Applicant is not seeking to use the Domain Name for any unlawful purpose, including, without limitation, tortuous interference with contract or prospective business advantage, unfair competition, injuring the reputation of another, or for the purpose of confusing or misleading a person, whether natural or incorporated.
PKNIC WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS). REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PKNIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1. ACCEPTANCE OF TERMS. PKNIC provides the membership ("Membership") of its Advisory Group to you, subject to the following terms of membership ("Terms of Membership"), which may be updated by PKNIC from time to time
without notice to you. The membership is open to all valid holders of Pakistan National Identity card. You can review the most current version of the Terms of Membership at any time at: http://pknic.net.pk/ag-terms.html
2. YOUR MEMBERSHIP OBLIGATIONS. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Membership's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, and (c) provide on request by PKNIC an attested copy of your Pakistani National ID card. If you provide any information that is untrue, inaccurate, not current or incomplete, or PKNIC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PKNIC has the right to suspend or terminate your membership. You are required to provide advise to PKNIC when so asked, in terms of polls and voting about its Domain Name policy changes proposals, conducted by PKNIC from time to time, but not more than twice a year. You may also be required to participate in decision-making about appeals by domain applicants against any decision based on the interpretation of the PKNIC policy.
You agree to not use the Membership to:
impersonate any person or entity, including, but not limited to, a PKNIC official or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Membership;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation to the other members, or non-members.
trasfer, sell, or exploit for any commercial purposes, the Membership, use of the Membership, or access to the Membership.
3. MEMBER ID, PASSWORD AND SECURITY. You will receive a password and Membership ID upon completing the Membership's registration process. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or member ID. You agree to (a) immediately notify PKNIC of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PKNIC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4. INDEMNITY. You agree to indemnify and hold PKNIC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Membership, your connection to the Membership, your violation of the Terms of Membership, or your violation of any rights of another.
5. TERMINATION OF ADVISORY GROUP. PKNIC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Advisory Group (or any part thereof) with or without notice. You agree that PKNIC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Membership.
6. TERMINATION OF MEMBERSHIP. You agree that PKNIC, in its sole discretion, may terminate your Membership, for any reason, including, without limitation, for your lack of participation or response to PKNIC polls and voting, or if PKNIC believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Membership. PKNIC may also in its sole discretion and at any time discontinue providing the Membership, or any part thereof, with or without notice. You agree that any termination of your access to the Membership under any provision of this Terms of Membership may be effected without prior notice. Further, you agree that PKNIC shall not be liable to you or any third-party for any termination of your Membership.
7. PKNIC PROPERTIES. You acknowledge that, as between PKNIC and yourself, PKNIC owns all rights, title, and interest in the PKNIC logos, product and service names and trademarks (the "PKNIC Marks"), PKNIC gTLD, PKNIC domain names, all components of PKNIC web site, and all the software used by PKNIC for the domain registration and other functions (collectively, the “PKNC IP”). You acknowledge that use of Membership does not give you any right, title, equity, ownership or representation of PKNIC, or its name, properties, web site, assets, and other Intellectual properties. You agree that you will not claim any representation of PKNIC other than what is explicitly stated herein. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by yourself in connection with the Membership provided by PKNIC will be the exclusive property of PKNIC. Without PKNIC's prior permission, you agree not to display or use in any manner, the PKNIC Marks.
8. SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
9. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PKNIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PKNIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MEMBERSHIP; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MEMBERSHIP; OR (v) ANY OTHER MATTER RELATING TO THE MEMBERSHIP..