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【China Trademark】: “.SHANGBIAO” Domain Name Registration Practice FAQ

Source: RegistryDate: 2016-04-06

【Editorial】 After its publication in our previous issue, the article titled “‘.SHANGBIAO’ (dot trademark in Chinese): Form of Expression for Trademark in the ‘Internet Plus’ Era – Exclusive Internet Address Resources of Trademark Right holders” has prompted strong reactions among our readers. Most of them had not been familiar with the Internet top level domain exclusive to trademark right holders. After the introduction by the article, they are now very willing to further understand how to register for a “.SHANGBIAO” domain name. Some readers even called us or asked questions via our WeChat official account about issues related to “.SHANGBIAO” registration. To answer their questions, we have worked with “.SHANGBIAO” Domain Registry and gathered some representative questions. We’d like to introduce to our readers and help them register for “.SHANGBIAO”.

Are there any conditions for “.SHANGBIAO” registration? What kind of materials do we need to submit for the registration?


The registration rules of “.SHANGBIAO” domain name state that registrants must have related trademark rights in order for them to register for “.SHANGBIAO”. The aforesaid trademark rights include both the trademarks that have already successfully been registered and the trademarks that are in the application process.


Those who have already successfully registered trademarks can apply for the registration of “.SHANGBIAO” with a trademark registration certificate (such as Trademark Registration Certificate). In consideration of “.SHANGBIAO” as the logo of trademark rights registrants on the Internet, the registration is for long-term use. To avoid loss of interests on the side of registrants who forgets renewals, and in consideration of ICANN’s rules on term of registration for generic top level domain names, “.SHANGBIAO” domain name registration rules stipulate that term of registration is 10 years for those with a trademark registration certificate and that upon registration the domain name can be resolved and used in a normal way.


Those who are in the process of trademark application can apply for protective registration with a trademark application certificate (such as trademark acceptance notice). Given that the trademark rights of registrants who apply with a trademark application certificate remain uncertain, and in consideration of the required period of trademark registration in most countries, “.SHANGBIAO” domain name registration rules stipulate that term of registration is no more than two years for those who register with a trademark application certificate, and the domain name shall remain frozen upon registration so that it cannot be resolved and used normally. Upon successful application of their trademarks, users can submit a trademark registration certificate to the domain registry via a domain name registrar, and then apply for normal resolution and use of “.SHANGBIAO” according to the requirements of “.SHANGBIAO” registration via a trademark registration certificate.


Those who wish to register for “.SHANGBIAO” need to submit trademark rights certification (such as trademark registration certificate or trademark acceptance notice) and applicants’ ID cards (those who are legal persons should provide a business license or an organization code certificate, while those who are natural persons should provide their ID cards.) to the domain registry via a domain name registrar. Applicants should provide a photocopy or a scanned copy of the aforesaid documents. The domain registry shall review the documents based on the aforesaid materials. The review will usually be completed within three working days.


Of what countries does “.SHANGBIAO” accept the registration of trademark certification?


At present, “.SHANGBIAO” recognizes application by trademark rights certification issued by 159 countries and regions that cover most developed countries and regions in the world. For the recognized countries and regions for trademark certification, please refer to the list of designated areas under policies and rules on the website of “.SHANGBIAO” Domain Registry (http://域名管理机构.商标/category/policy/id/251).


What requirements are there for the use of “.SHANGBIAO?”


During the use of “.SHANGBIAO,” “.SHANGBIAO” domain name registrants need to guarantee that the trademark rights during the submission of “.SHANGBIAO” application remain effective. Should traditional trademark rights fail to renew so as to result in invalidation of trademark rights upon expiry, or should the trademark rights be objected or revoked, “.SHANGBIAO” Domain Registry shall have the rights to terminate the resolution of the domain name. At the same time, upon invalidation of corresponding trademark rights of “.SHANGBIAO,” it may be possible that a third party applicant file a dispute with regard to the registration qualification of “.SHANGBIAO” domain name, only to result in the registrant’s loss of “.SHANGBIAO” in the end. Therefore, when registering and using “.SHANGBIAO,” those who have already successfully registered for “.SHANGBIAO” must guarantee the validity of corresponding trademark rights. Meanwhile, upon successful registration of “.SHANGBIAO” domain name, the website that the registrants resolve and direct should be in correlation with the corresponding trademark rights of the registered domain name.


What are the rules of naming the registration words of “.SHANGBIAO?”


The domain name registration rules of “.SHANGBIAO” appear complicated, but they are very easy to summarize. Below are the main three methods to name the registration words:


Use full name of the trademark. The trademark mentioned here refers to the identifiable texts of either word mark or trademark in graphic form. If the name of the client’s trademark is simple and straightforward, such is the best method for naming the registration words.


Use full name of the components in the trademark that have independent connotations. For instance, some trademarks contain both Chinese and English names of the brands. In such cases, the Chinese name and English name can be named as registration words, respectively, but the naming cannot destroy the completeness of the original Chinese or English names.


The registration words can be named via the combination of trademark and the registration/application information of the trademark. The registration/application information of the trademark can be mainly divided into two types. One is the geographical name of the designated area or the judicial area of the designated area of the trademark, while the other is the name of commodity services verified and approved during the registration of trademark.


What registration word shall an enterprise select when registering for “.SHANGBIAO”?


When registering for “.SHANGBIAO,” the company can obtain the rights to logo of trademark on the Internet whose domain name uses Chinese “trademark” as suffix, and also obtain a useful hand in online application and promotion of the trademark. From the future perspective of promotion and application, the company should select simple and understandable registration words that can highlight the brand characteristics and product features in addition to being in accordance with the registration rules.


If no one else has registered for the corresponding registration words of the trademark, the company should first select the trademark as its registration words. Since traditional trademarks can be classified by country and by product and service, there are many trademarks that share the same texts. Since the registration rules for “.SHANGBIAO” top level domains adopt a first-come, first-served principle among qualified trademark registrants, anyone who has registered for the same registration words as the trademark occupies the commanding height of Internet brand promotion


Meanwhile, companies should also consider Internet application and promotional strategies of the trademark in future to decide on the registration words. For instance, if a company wishes to emphasize the nationality of the brand and raise the awareness of the netizens with regard to understanding their trademarks belong to national brands, then it is a very good idea to select “China + Trademark.” If the trademark of the company falls into common vocabulary, and if the trademark of the same name is owned by multiple trademark holders in different categories, then the company needs to combine with the product and service categories for publicity during brand promotion, and thus it is a very good idea to select “trademark + industry,” such as “凤凰化工.商标” (“Phoenix Chemical Industry.SHANGBIAO” in Chinese) or “顺丰快递.商标”(“S.F. Express.SHANGBIAO” in Chinese).


Where can “.SHANGBIAO” domain names be registered?


According to ICANN rules, the registration of “.SHANGBIAO” domain names needs to be completed via the domain name registrars accredited by “.SHANGBIAO” Domain Registry. The whole list of accredited registrars can be found via the official website or official WeChat account of “.SHANGBIAO” Domain Registry.


Official website of “.SHANGBIAO” Domain Registry: http:// www.internettrademark.com

Official WeChat Account: “点商标域名管理机构” or “dianshangbiao”


How to check whether my “.SHANGBIAO” registration is successful?

Users can find out whether their “.SHANGBIAO” registrations are successful as well as the remaining years via the official website “http:// www.internettrademark.com” of “.SHANGBIAO” Domain Registry or WHOIS interface (whois.iann.org) provided by ICANN.


Can website record filing be done for “.SHANGBIAO” registration in China?

On Jan. 8, 2015, “.SHANGBIAO” Domain Registry was officially approved by Ministry of Industry and Information Technology to legally operate “.SHANGBIAO” top level domain in China. According to related rules and regulations on the management of China Internet domain names, “.SHANGBIAO” top level domain has been officially incorporated into the domain name management system in China. Domestic website users that have registered “.SHANGBIAO” in China can apply to supervising departments for website recording filing.


Limited by the length and the space, the article cannot answer all the questions of our readers. Readers can visit the official website or official WeChat account of “.SHANGBIAO” Domain Registry for more information on the registration rules and related policies of “.SHANGBIAO”.