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September 21, 2007                                                                                                                          

Townsend Client Alert - Announcing Applications for .Asia Domains 
    

A new opportunity will soon be available to companies looking to expand their presence in the growing Asian marketplace.  If you are doing or planning to do business in the Asia/Australia/ Pacific region and own a trademark registration in a qualifying country, you may be able to apply on a priority basis for the domain name that corresponds to your trademark registration.  If you do not yet own a trademark registration, you may still be entitled to apply during a priority period based on your registered entity name.

Asian Address Required 

Applications for .Asia domain names will only be accepted from companies that have a local presence in one of the 73 qualifying countries (“DotAsia Country”).  At least one of the associated domain contacts (Registrant, Administrative, Technical, or Billing) must be a legal entity located in a DotAsia Country.  If you do not have a local presence, we can arrange for a third party to act as a local contact in order to satisfy this requirement.

Overview of Launch Phases 

The various launch phases offer priority to trademark owners, as well as an advance opportunity for applicants with a registered company name in a DotAsia country.  It is important to note that the .Asia launch differs from previous domain launches in that .Asia domains will NOT be awarded on a first-come first-serve basis (except during the Sunrise 1 period).  If there are multiple successful applications during Sunrise 2 or 3, those applicants will then compete in an auction with the highest bidder being awarded the domain name.

The Bidding Process 

Once verification is completed, all eligible applicants will be notified with information about the other eligible bidders, including their complete WHOis information and the details of their claimed prior rights.  Verified applicants will participate in an online closed auction.   Each bidder will be able to observe each bid placed by competing applicants.  The auction will continue electronically until there is a 24-hour period with no subsequent bid.  

Launch Phase Specifics

Prior to 10/9/2007

10/9/2007 – 10/30/2007

11/13/2007 – 1/15/2008

February 2008

Pioneer

Sunrise 2(a)

Sunrise 2(b)

Landrush

Sunrise 1

 

Sunrise 2(c)

 

 

 

Sunrise 3

 

Partner Pioneer Program, through October 8, 2007 

The DotAsia Organisation offers a unique program to qualified entities that agree to promote DotAsia.  A Partner Pioneer (“Pioneer”) may select two .Asia domain names that correspond to an organization name or primary domain of their operations.  Applicant must complete an application form with details of its planned services, promotional efforts, marketing commitments, and operational and financial support to DotAsia, along with a Marketing Contribution of $10,000 and a non-refundable Administrative Fee of $500. This program could be worth considering for a highly desirable trademark with secondary meaning or a highly contested trademark.  For these types of names, a Pioneer application could potentially be less expensive than the auction process.

Sunrise 1, Government Bodies Only: October 9, 2007

Sunrise 2(a), Early Bird Sunrise: October 9, 2007 - October 30, 2007 

This is the one separate early bird phase, and it is open to owners of valid and issued trademarks which were applied for on or before March 16, 2004.  The owner must be able to demonstrate usage in the relevant goods or services in the country of registration.

Sunrise 2(b), Registered Marks: November 13, 2007 - January 15, 2008 

This phase is open to owners of valid and existing registered trademarks applied for on or before December 6, 2006.

 Sunrise 2(c), Extended Protection: November 13, 2007 - January 15, 2008 

In this phase, owners of registered marks applied for on or before December 6, 2006, may apply for a domain consisting of the registered mark combined with relevant words from the registration.  For example, if your registered trademark is XYZ and your Class description includes “Entertainment Services,” you may apply for “XYZEntertainment.Asia.”  Applicants in this phase must have already applied for a domain name in Sunrise 2(a) or 2(b). 

Sunrise 3, Registered Entity Names: November 13, 2007 - January 15, 2008 

This final phase before Landrush allows companies or organizations to register their corresponding name regardless of trademark registrations.  Applicant must have registered its entity name in a DotAsia Country on or before December 6, 2006.  Unlike the above phases where documentation is not required at the time of application, applicants under Sunrise 3 must provide a certificate of incorporation or equivalent document at the time of application.

Landrush: February 2008  

After the Sunrise periods have passed, there will be open registration for all applicants who can meet the local presence requirement. During this phase, an auction process will again be used for domains with more than one successful application. The DotAsia Organisation has not yet finalized the dates for Landrush and Go Live.

Go Live:  March 2008 

Live first-come first-serve registrations commence.

If you need more information or would like assistance in applying for a .Asia domain name, please contact your Townsend Trademark attorney. 

This material is for general information purposes only, is current only as of the indicated date, and should not be regarded as legal advice. Providing this information is not intended to create an attorney-client relationship. You should not act upon this information without seeking professional legal advice..   

 © 2007 Townsend and Townsend and Crew LLP.  All Rights Reserved.