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.bg Domains Dispute & Policy

Last Update 20 August 2012. The most current .bg domains dispute policy can be found at: www.register.bg/user/static/rules/en/index.html#11 cpr144449003101

During a DISPUTE procedure the DOMAIN NAME shall be considered as PROTECTED, if for its formation the REGISTRANT has used and provided grounds to use the LABEL to the REGISTRY, corresponding to: 5.5.1.1. REGISTRANT’s name. 5.5.1.2. REGISTRANT’s registered trade mark or geographic designation, or any such in process of registration in the Patent Bureau of the Republic of Bulgaria. In the latter case it is necessary to sign a conditional agreement for registration of the DOMAIN NAME. Any such trade mark or geographic designation shall be valid on the territory of the Republic of Bulgaria. The name of the trade mark or the geographic designation can not be abbreviated. 5.5.1.3. Registered name of a publication (for example with an ISSN or ISBN). 5.5.1.4. Name of a program or a project of the state, regional, or municipal administrations and institutions of an EU member state. 5.5.1.5. Name, acquired by the REGISTRANT according to issued licenses, valid on the territory of the Republic of Bulgaria. 5.5.1.6. Consortium or non-personified civil society union name. 5.5.1.7. Name of a media program or a show. 5.5.1.8. Name of a cultural, sport, scientific or other event. 5.5.1.9. Name of a coalition, initiative committee or other name, used by a candidate for a campaign in parliamentary, presidential or local elections. 5.5.1.10. Name to use in connection with a franchising contract. 5.5.1.11. Name of any artistic form of group formed and registered in accordance with Article 83 of the Copyright and Similar Rights Act. 5.5.1.12. Name of a categorized tourist site. 5.5.1.13. Name of a construction site. 5.5.1.14. Name of a vessel. 5.5.2. When registering a PROTECTED DOMAIN NAME in the top level zone .bg, the LABEL is formed by: 5.5.2.1. The full name. 5.5.2.2. An abbreviation formed out of one or some of the words being part of the full name and the first characters of the remaining words (observing their sequence). 5.5.2.3. An abbreviation formed out of the first characters of the words forming the full name, observing their sequence (abbreviation). 5.5.2.4. When the applicant’s name contains a number, it is accepted the domain name to be formed out of the number in say-format, and vice-versa. 5.5.2.5. When a name is composite, formed out of separate words or initial characters of words used generally to form the name, the hyphen sign (-) can be put on place. 5.5.2.6. When a label cannot be formed in any of the enumerated ways, as it is no longer available, after the requested combination of characters (as provided for in it.5.5.2.1., it.5.5.2.2., it.5.5.2.3., it.5.5.2.4. or 5.5.2.5.) it is accepted to place a number or characters "bg" or "бг", separated or not with the hyphen sign (-). 5.5.2.7. When a name contains the word Bulgaria, it may be either omitted, or replaced with the characters "bg" or "бг". When the label ends with the word "бг", "bg", ".бг" or ".bg", the word can be omitted. 5.5.2.8. Some generally accepted abbreviations, or words, such as: "ltd", "plc", "inc", "co","company", "corporation", "international" (or their equivalents) can be omitted. 5.5.2.9. When a name contains the name of a city, state or continent, they may be omitted or a generally accepted abbreviation can be used. 5.5.2.10. To the subject's name can be added the name or the generally accepted abbreviation of the city of their official seat. 5.5.2.11. When in the REGISTRANT’s name the name of a patron is included, the latter may be omitted or to be used alone. 5.5.2.12. When a name contains a repetitive abbreviation, the latter may be omitted. 5.5.2.13. When a name contains the character “&”, the latter shall be omitted or replaced with the conjunction "and", the hyphen sign "-" or the letter "n;" 5.5.2.14. The name may be translated to a foreign language or transliterated with ASCII characters. 5.5.3. When registering PROTECTED DOMAIN NAMES in the top level zone .bg, conditional agreements can be signed under the following conditions: 5.5.3.1. When the existence of grounds is considered according to a future uncertain event, a conditional agreement for registration of the domain name shall be signed with the REGISTRANT. 5.5.3.2. When a postponed condition is fulfilled and when an impossibility occurs regarding the fulfillment of a terminable condition, the conditional agreement shall become unconditional regarding the event, whereas when an impossibility occurs regarding the fulfillment of a postponed condition or when a terminable condition is fulfilled, the agreement shall be canceled from the moment of learning of the fact by the REGISTRY. 5.5.3.3. When cancelling a conditional agreement under it.5.5.3.2., the REGISTRANT can change the DOMAIN NAME registration to make the DOMAIN NAME UNPROTECTED by submitting an APPLICATION for changing the DOMAIN NAME registration details. 11. DISPUTE 11.1. Every dispute concerning the DOMAIN NAME registration is examined in accordance with the present TERMS AND CONDITIONS. 11.2. DISPUTE can be made for every current DOMAIN NAME registration in the .bg zone. 11.3. The DISPUTE applicant can request termination of the DOMAIN NAME registration only if the LABEL of the registered DOMAIN NAME is identical with the full name of which he/she has grounds to use (it.5.5.2.1.). 11.4. As a result of the DISPUTE, a registered DOMAIN NAME can be transfered in favour of the applicant who has raised the DISPUTE procedure in the following cases: 11.4.1. The DOMAIN NAME is UNPROTECTED and the applicant who has raised the DISPUTE procedure has grounds to use this LABEL with an earlier priority than the REGISTRANT. When the REGISTRANT does not have or does not provide grounds to use the LABEL to the REGISTRY by the end of the period indicated in it.11.12., the date of his/her application for DOMAIN NAME registration shall be used as a priority date during DISPUTE. 11.4.2. The DOMAIN NAME has been registered with providing grounds to use the LABEL (PROTECTED DOMAIN NAME), but there are preconditions indicated in it.9.4. and it.9.5. of the present TERMS AND CONDITIONS. 11.5. Before the beginning of a DISPUTE, the applicant shall create an application for registration of the DOMAIN NAME in the .bg zone which shall be under DISPUTE. 11.6. The DISPUTE procedure starts with the creation of an APPLICATION FOR DISPUTE. 11.7. The application for DISPUTE shall be created on-line via Internet through the information server of the REGISTRY /www.register.bg/. Every application for DISPUTE shall be given a unique number and shall be dated. 11.8. Payment for the DISPUTE service shall be done within a 15 /fifteen/ day period from the creation of the application for DISPUTE. 11.9. In case the REGISTRY does not receive the DISPUTE fee payment within the period indicated in it.11.8., the REGISTRY shall cancel the DISPUTE procedure related to the created APPLICATION FOR DISPUTE. 11.10. With the fee payment reception for the APPLICATION FOR DISPUTE, the REGISTRANT shall be informed that there is an APPLICATION FOR DISPUTE for the registration of the registered thereof DOMAIN NAME. The notification shall be sent via e-mail to the e-mail addresses of the REGISTRANT and the ADMINISTRATIVE CONTACTS given to the REGISTRY. 11.11. The DISPUTE applicant shall provide to the REGISTRY all required and additional documents duly signed (The application for DOMAIN NAME registration, the application for DISPUTE, as well as documents, certifying grounds to use the LABEL) within a 30 /thirty/ day period from the creation date of the APPLICATION FOR DISPUTE. 11.12. If the REGISTRANT is willing to provide an answer to the REGISTRY, as well as documents to serve in his/her protection, beyond the documents provided during the registration or the changes in it, then he/she shall do that within a 30 /thirty/ day period from the notification sent via e-mail. Otherwise, the DISPUTE COMMITTEE shall make a decision based on the documents available at the REGISTRY by the end of the period. 11.13. After the deadline of the REGISTRANT to answer and send documents, the DISPUTE COMMITTEE makes a decision in a closed session about the dispute, based on the documents from both sides provided by the respective deadlines. 11.14. Based on the position of the DIPSUTE COMMITTEE, the REGISTRY makes a decision about the dispute within a 30 /thirty/ day period after the deadlines for provision of documents by the DISPUTE applicant and the REGISTRANT, as both sides in the dispute will be informed of this decision via e-mail through the given to the REGISTRY e-mails addresses, indicated as REGISTRANT and ADMINISTRATIVE CONTACTS by either party. 11.15. If the decision of the REGISTRY is in favour of the REGISTRANT, the DOMAIN NAME registration shall not be changed. 11.16. If the decision of the REGISTRY is in favour of the DISPUTE applicant, the latter shall be given the opportunity to make a payment for the registration and support fees of the DOMIAN NAME within a 15 /fifteen/ day period from the notification sent via e-mail, as indicated in it.11.14. If the REGISTRY does not receive the payment within this 15 /fifteen/ day period, it shall be considered that the party initiating the DISPUTE of the DOMAIN NAME has declined from its registration. The DOMAIN NAME shall remain registered by the current REGISTRANT. Within a 15 /fifteen/ day period upon the reception of the payment by the REGISTRY, the DOMAIN NAME registration of the current REGISTRANT shall be terminated and the DOMAIN NAME shall be registered in favour of the DISPUTE applicant, unless within this period the REGISTRY does not receive a protective order by a Bulgarian competent court, by which the "stop the domain name termination" protective order has been applied to the REGISTRANT. 11.17. Paid fees for a requested DISPUTE service shall not be returned. Dispute expenses shall not be awarded. The winning party can seek from the other party the made DISPUTE expenses through a competent court claim.