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What are the trademark eligibility requirements to submit .XXX Sunrise applications?

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Sunrise AT Eligibility

To be eligible to submit a Registration Request under Sunrise AT, a Sunrise Applicant must:

·         be a member of the Sponsored Community; and

·         own a registered trademark actually and substantially used in Eligible Commerce in the jurisdiction where issued for the stated goods or services, and which directly corresponds to the name in the Registration Request; the registered trademark must be in full force and effect at the time of submission of the Registration Request and at the time of Registration of any awarded name.

For the purpose of Sunrise AT Eligibility, the registered trademark must be a trade or service mark registration of national or regional international effect issued prior to September 1, 2011 and in use in Eligible Commerce by the Applicant.

The domain name sought must correspond to the entire text of a textual registered trademark, or correspond to the complete textual component of a graphical or compound registered trademark, provided that such textual component as a whole or in all parts is not disclaimed or otherwise excluded from full rights conferred by the registration or commercial impression conveyed by the mark.

The registered trademark may not include “.XXX” as either a portion of a textual registered trademark or as a portion of the textual component of a graphical or compound registered trademark, and must not include figurative marks or special characters presented in a trademark registration for the apparent purpose of obtaining dictionary words or common expressions under sunrise registration procedures or under circumstances suggesting such a purpose.

For the purpose of AT Eligibility, qualified registered trademarks shall not include:

·         trademarks or service marks for which an application for registration has been filed, but is not actually registered by the competent public authority or intergovernmental organization prior to September 1, 2011;

·         trademarks or service marks for which an application has lapsed, been withdrawn, revoked, cancelled, or otherwise is no longer in full force and effect;

·         unregistered trademarks or service marks (including common law); U.S. state trademarks or service marks;

·         international applications for the registration of trademarks, made through the Madrid system, unless these are based on or have resulted in a registered trademark of national effect; or

·         U.S. supplemental registrations; or any other rights in a sign or name, including domain names, trade names, and appellations of origin.

Sunrise AD Eligibility

To be eligible to submit a Registration Request under Sunrise AD, a Sunrise Applicant must:

·         be a member of the Sponsored Community; and

·         operate a Corresponding Domain Name in another IANA-recognized TLD in current use in Eligible Commerce.

For purposes of Sunrise AD, a “Corresponding Domain Name” is a domain name (i) created on or before February 1, 2010, and (ii) registered at the first level ordinarily permitted by the registration authority in the relevant IANA-recognized TLD, e.g., the second-level name “string” in string.com, or the third-level name in string.co.uk.

Sunrise B Eligibility

To be eligible to submit a Reservation Request under Sunrise B, an Applicant must seek to reserve a name in the .XXX sTLD corresponding to a registered trademark that will, if approved, resolve to a standard informational page reflecting the status of the name as reserved. For the purpose of Sunrise B Eligibility, the registered trademark shall be a trade or service mark registration of national or regional international effect issued prior to September 1, 2011.

The domain name sought must correspond to the entire text of a textual registered trademark, or correspond to the complete textual component of a graphical or compound registered trademark, provided that such textual component as a whole or in all parts is not disclaimed or otherwise excluded from full rights conferred by the registration or commercial impression conveyed by the mark.

The registered trademark may not include “.XXX” as either a portion of a textual registered trademark or as a portion of the textual component of a graphical or compound registered trademark, and must not include figurative marks or special characters presented in a trademark registration for the apparent purpose of reserving dictionary words or common expressions under sunrise registration procedures or under circumstances suggesting such a purpose.

For the purpose of Sunrise B Eligibility, registered trademarks shall not include:

·         trademarks or service marks for which an application for registration has been filed, but is not actually registered by the competent public authority or intergovernmental organization prior to September 1, 2011;

·         trademarks or service marks for which an application has lapsed, been withdrawn, revoked, canceled, or otherwise is no longer in full force and effect;

·         unregistered trademarks or service marks (including common law); U.S. state trademarks or service marks;

·         international applications for the registration of trademarks, made through the Madrid system, unless these are based on or have resulted in a registered trademark of national effect; or

U.S. supplemental registrations; or any other rights in a sign or name, including domain names, trade names, and appellations of origin.