Regarding the Procedure of Re-Delegating a Second-Level Private Domain Name in the .UA Domain to Another Registrant
- This Instruction (hereinafter referred to as the “Instruction”) is intended to explain the procedure of re-delegating a second-level private domain name in the .UA domain at registrant’s own request, as is provided in paragraph 2.19.1 of the .UA Domain Policy and according to the Law of Ukraine “On Protection of Rights in Trademarks and Service Marks,” Arrangement of Madrid Concerning the International Registration of Trademarks, and the Protocol to the Arrangement of Madrid.
- According to paragraph 2.19.1 of the .UA Domain Policy, the public domain administrator shall re-delegate a private domain name to another registrant at registrant’s own request expressed in writing and submitted to the administrator of the respective public domain, i.e. based on an application in writing submitted by the domain name registrant (a sample is provided in Appendix 1 hereto) and an application submitted by the future registrant on accepting the respective domain name (a sample is provided in Appendix 2 hereto).
- The applications shall be accompanied by:
3.1. when transferring the exclusive rights in a mark for goods and services (hereinafter referred to as the "Mark"):
- a copy of the decision of the State Intellectual Property Department on transferring the ownership in the Mark protected by a Certificate of Ukraine and/or an abstract from the State Register of Certificates of Ukraine for the Mark. If the abstract only is provided, it shall be accompanied by a copy of the last page (with signatures of the parties) of an agreement on transferring the rights to the Mark, bearing a note of the State Intellectual Property Department; or:
- a duplicate copy of the Certificate of Ukraine issued to the new Mark holder.
3.2. when transferring the rights to the Mark, which is protected in the territory of Ukraine pursuant to international treaties, the applications shall be accompanied by an official document regarding the effect of the international registration in the territory of Ukraine, with a copy of bibliographical data of the respective registration.
3.3. when concluding a license contract for the right of using the Mark (license issuing), the applications shall be accompanied by a copy of the decision of the State Intellectual Property Department on the license contract registration and a copy of the license contract or an abstract from the license contact, indicating the transfer of the right to use the respective domain name.
- The applications can be signed by any person/representative, acting upon authority of both the registrant and the future registrant. In this case, the applications shall be accompanied by a power of attorney executed in accordance with the requirements of the current law.
- No re-delegating of the domain name shall be allowed:
- if an incomplete set of documents listed in Clauses 2, 3, and 4 is submitted to the administrator;
- if the license contract contains no clause on transferring the right of using the respective domain name.
Appendix 1
Sample Application by Domain Name Registrant
Full official name of legal person (domain administrator)
Registrant:
Full official name of legal person,
indicating the location of offices
telephone, e-mail, correspondence address etc.,
and surname, given name, and patronymic of CEO,
acting pursuant to (Statute, Power of Attorney).
Application
I hereby request to re-delegate the domain name ______________.ua
to the new registrant
_________________________________________________________________________
full name of natural person, full official name of legal person with
indication of the place of residence/location of offices
Attachments:
1.
Signature ________________________ (Initials and surname)
Seal here
Date _____________________
Appendix 2
Sample Application by Future Domain Name Registrant
Full official name of legal person (domain administrator)
Full official name of legal person, indicating the location of offices,
telephone, e-mail, correspondence address etc., and surname, given name,
and patronymic of CEO, acting pursuant to (Statute, Power of Attorney).
Application
I hereby request to re-delegate the domain ______________.ua to
the new registrant
_________________________________________________________________________
full name of natural person, full official name of legal person with
indication of the place of residence/location of offices
Attachments:
1.
Signature ________________________ (Initials and surname)
Seal here
Date _____________________