Instructions for trademark owners

What to do if domain name may violate your rights

If you find a domain name that may violate your rights to use a registered trademark, KazNIC offers to consider the Dispute Resolution Procedure, which allows you to reach a peaceful solution with the Domain Name Registrant. In the absence of a peace agreement, the only option is judicial procedures.

How to get contact information of the domain name registrant?

Contact details of the domain name Registrant can be found in the WHOIS database. We recommend you to contact the Domain Name Registrant to try to reach a peaceful solution to your dispute.

What to do if contact information provided by the Registrant does not allow you to contact him

WHOIS database provides information submitted by the Registrant of a domain name when registering a domain. Although Registrants must update contact information, information may be inaccurate.

If for some reason the Registrant's contact details are incomplete or unreliable, you should contact the authorized organization KZ-CERT to verify contact details of the Registrant. After KZ-CERT confirms the fact of revealing incomplete or unreliable information about the Registrant, KazNIC will act on the basis of paragraphs 18, 19, 21 of the Rules for Registration, Use and Allocation of Domain Names in the Space of the Kazakhstan Internet Segment (hereinafter - the Rules).

Actions of KazNIC according to paragraphs 18, 19, 21 of the Rules for registration, use and allocation of domain names in the space of the Kazakhstan Internet segment (hereinafter - the Rules)

Any individual or legal entity is considered available if it specifies a phone number, postal address, e-mail. If the authorized organization determines that the contact information for the domain is incomplete or unreliable, this organization requests KazNIC to inform the domain name Registrar about detected violations, who in turn informs the Registrant about it. KazNIC assigns the status serverHOLD to the domain name, which suspends the domain.

If within 10 days after receiving notification of detected violations of the Rules regarding incomplete or unreliable information, the Registrant does not eliminate the violations and does not provide documents confirming the relevance of contact information, the domain name will be deleted and in 60 days it will be free for a new registration on a first-come-first-served basis.

Domain name registration can be made within 60 days as an exception by the previous Registrant of the domain name or by the person who initiated the procedure for resolving the dispute on the given name, before its removal from the Register in accordance with the Dispute Resolution Policy.

KazNIC does not provide lists of domains waiting to be deleted.

What to do if you contacted the domain registrant, but did not receive consent from him

If you can not reach an agreement with the domain name registrant, then you can use the dispute resolution procedure, after which you can apply to the court.

KazNIC has no qualifications for providing legal advice.

Procedures and statuses

KazNIC is not obliged to suspend the domain by a phone call or a message sent by email. Requests to KazNIC to suspend the disputed domain at the request of third parties will be rejected.

If within 30 days from the date of notification of the Registrant of the opening of the dispute, KazNIC does not receive from the Registrant a certificate of registration of its own trademark, the serverHOLD status is applied to the domain name, as well as the statuses prohibiting the removal of the domain, and modification of the Registrant's contact.

Setting such statuses cancels all current and future actions with the domain (registrar change, domain transfer, deletion, etc.), and suspends the functioning of the domain until a court decision is made. In the WHOIS database, the domain will have corresponding statuses.

If the Registrant violates his duties

In the event that the domain name Registrant involved in the disputed procedures did not pay for the new support period, i.e. violated the obligations of the Registration Agreement, KazNIC notifies the trademark owner that the current Registrant has waived obligations and the domain can be deleted. The trademark owner may send to KazNIC a Registration Agreement for the re-registration of the domain name with the indication of the Registrar who will support the domain. KazNIC removes the domain name and reserves it for the trademark owner prior to its registration.