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Eligibility Rules

In order to be considered valid, a Sunrise application must meet all of the following criteria:

1. The trademark or service mark must have been issued by the Registrar of Trademarks, Government of India. The trademark or service mark owner must be eligible for the phase the application was submitted to.
2. The trademark or service mark registration must be current (non-expired) and valid, and must have been issued in the applicant’s name prior to 31st December 2013.
3. The domain name applied for must be the punycode translation of the word elements of the trademark or service mark that is registered (discounting any domain extension element).
4. The applicant must submit proof of its trademark or service mark to the Registry for verification, as per the proof of trademark guidelines.

Names Not Eligible

Certain domain names have been reserved for use by the government, constitutional bodies, and the Registry. A list of these domain names will be published for public reference on the Web site. Applications for these domain names will be rejected.

Applications must conform to general Registry registration policies.

The domain names would be accepted only in the punycode format and not otherwise.

Application Process

Applications must be submitted to the registry through an accredited registrar.

Applications will be taken for domains in the following zones:

Native /TLD

A trademark or service mark holder is allowed to apply for domain names in more than one zone based on the same mark. Applicants must submit separate applications for each unique domain name they are interested in.

The Applicant must submit the following information:

1. The domain name being applied for
2. Unicode character name of the trademark or service mark
3. Τηε date on which the trademark or service mark registration was issued by the Indian Trade Marks Registry
4. Trademark Number
5. whether the trademark holder is an Indian registered company or Indian citizen, or whether it is a foreign entity that owns an Indian trademark.
6. Contact information of the applying entity. In the application, the owner of the trademark must be listed as the Registrant. An authorized representative of the trademark owner must be listed as the Administrative contact.

Term and Prices

Sunrise domains that are awarded will be registered for an initial term of five years.

1. Applicants will be assessed an application fee of Rs. 500/- for each application they submit.
2. The Applicants will also be charged for the Create term, which can be minimum 5 years and maximum 10 years, at the time the award determination is made.
3. All Sunrise fees charged to Applicants are non-refundable.

Proof of Trademark Guidelines

Upon application, applicants must send the documentation described below to the Registry for verification. This will assist in the prevention of false applications.

Applicant must provide:

1. A legible photocopy of the trademark certificate via postal mail or courier. A Notary, Magistrate, Oath Commissioner, or Gazetted Officer or any other Authority duly authorized by the Competent Authority must attest this copy to be a true copy.
2. A notarized affidavit in a form prescribed by the Registry.
3. A printout of the application confirmation e-mail that the Registry sent to the applicant.

A separate copy of the trademark certificate, affidavit, and e-mail printout should be sent for each and every domain name applied for.

Original trademark certificates should not be sent to the Registry. The Registry will have no responsibility / liability to return any document sent to it. Scanned electronic copies, printouts from online trademark databases, faxed copies of trademark certificates, etc. will not be accepted.

Trademark documentation should be sent to:

NIXI (National Internet Exchange of India) Attention: . भारत Sunrise
Regd. Off.: Flat No. 6B, 6th Floor, Uppals M6 Plaza,
Jasola District Centre, New Delhi-110025
Tel.: +91-11-48202011,
Tel.: +91-11-48202000,
Fax: +91-11-48202013

The Registry reserves the right to demand any other documents as desired by it from the applicant.

The deadline for receipt of trademark certificate documentation by the Registry is 17:00 IST (11:30 UTC) on 14th November 2014. Documentation received after that time will be ignored, and applications without documentation will be considered failed. Please note that Registry shall not be responsible for any postal delays.

Award Process

The Registry will examine that the documentation provided supports the application duly supports the application for the Sunrise registration.

Where there are two or more applications for the same domain name, priority will be assigned in the following order.

1. Applications in Sunrise A have priority over applications in subsequent Sunrise Phase and so on.
2. The priority of applications in a phase will be assigned based on the applications’ timestamp as recorded by the Registry.
3. For each unique domain name applied for, the Registry will perform a facial examination of the first priority application’s trademark certificate.
4. If the priority application satisfies all the Sunrise criteria, the Registry will award the domain to the priority applicant.
5. If the priority applicant’s trademark does not satisfy all of the Sunrise criteria, that application will be considered failed.
6. The Registry will then examine the trademark of the next priority application for that domain name.
7. This process will repeat until:
a. a valid application is found and an award is made, or
b. the phases of applications for that domain name are exhausted. If no valid application is received, then the domain name will be made available in open registration.
8. If the award status of an applied-for domain name has not been determined by the time open registration begins for the general public, the Registry reserves the right to create that domain name in the registry using generic place-holder data. The Registry can then update that place-held .भारत Sunrise Rules 7 domain if an award is made, or deleted and thereby made available in open registration if no award is made.

Sunrise Awards; Opening for Real-Time Registrations; Transfers

Sunrise Awards; Opening for Real-Time Registrations; Transfers Sunrise awards will be announced through the publication of the WHOIS, shortly before open registration begins for the general public on 17th November 2014.

The Registry may lock domain names (statuses: serverDeleteProhibited, serverUpdateProhibited, serverTransferProhibited, serverRenewProhibited) registered during the Sunrise Period at the registry level for a period of up to 180 days following the end of the Sunrise Period. The only exceptions are for transfers required as a result of: a decision in a .भारत Dispute Resolution Process administrative proceeding, or an order from any Indian court of competent jurisdiction. In addition, names subject to one or more pending legal proceeding may not be transferred. Registrants will be allowed to change nameservers on their domains during the lock period.

Legal Notices

Representations. By applying to register a Domain Name in accordance with the Sunrise registration conditions of the Registration Agreement, the applicant hereby represents and warrants that:

(a) the statements that the applicant has made in his Registration Agreement with the registrar are complete, accurate and correct;
(b) the registration of the Domain Name complies with the Sunrise registration conditions set forth in the Registration Agreement;
(c) to the applicant’s knowledge, the Domain Name will not infringe upon or otherwise violate the rights of any third party;
(d) you are not registering the Domain Name for an unlawful purpose; and
(e) the applicant will not knowingly use the Domain Name in violation of any applicable laws or regulations. It is the applicant’s responsibility to determine whether the Domain Name registration infringes or violates someone else's rights.

Cancellations, Transfers, and Changes.

The Registry will cancel, transfer, or otherwise make changes to a domain name registration under the following circumstances:

a. Receipt of written or appropriate electronic instructions from the applicant or their authorized agent to take such action; and/or
b. Receipt of an order from a competent Indian court or arbitral tribunal, in each case of competent jurisdiction, requiring such action.

The Registry may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of the Registration Agreement or other legal requirements.

Policy Modifications.

The Registry reserves the right to modify theses Rules at any time. We will post revised Rules at least fifteen (15) days before it becomes effective. In the event that you object to a change in this Policy, your .भारत Sunrise Rules 8 sole remedy is to cancel your Domain Name application or registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your Domain Name application or registration.

Disputes and Errors

The Registry's award decisions shall be final and are not subject to challenge.
Applicants are wholly responsible for any submission errors or omissions that they make.
After awards are announced, parties will be free to challenge a domain name registrant via the .भारत dispute resolution process.