This page is relevant to you if you have received a notification that one or more domain names you are using are the subject of a procedure of the Registration Decision Maker, and you are the Complainee in this procedure.
After the registration of a domain name, the revocation or transfer of a domain name from the Complainee may be initiated by the person who has the right to use the name by submitting an application to the Alternative Dispute Resolution Forum.
The Alternative Dispute Resolution Forum may order the revocation of the registration of the domain name or its transfer to the Complainant, if the application/use of the domain name is in breach of the Domain Registration Policy.
The application/use of a domain is in breach of the Domain Registration Policy, in particular if:
- the domain name is, at the time of its application, identical with or confusingly similar to a name which, in favour of the complainant, is protected by an applicable Hungarian or Community law, or
- the use of which the complainant is entitled to use under Hungarian or Community law (including, inter alia, trade marks), and where:
- the Complainee has applied for the domain name without having any right or legitimate interest in the name/designation; or
- Complainee has applied for the name in bad faith or is using the name in bad faith.
The Complainee may present a defence as to the merit relating to the current matter within 30 calendar days of the date of service of the notification. If the Complainant has requested that the proceedings be conducted by a single arbitrator, the Complainee may request that the request be heard by a panel of three arbitrators, in which case the cost of the difference in fees shall be borne by the Complainee.
Please note that if the Complainee fails to present a defence as to the merit within the time limit, the Alternative Dispute Resolution Forum is entitled to decide on the case without waiting for the submission.
The language of the Procedures
The language of the Alternative Dispute Resolution Forum is Hungarian, and submissions to the proceedings by any party can only be made in Hungarian. If an annex is in a foreign language, a simple translation must also be attached – failure to do so may result in the evidence being disregarded.
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