2. Mandatory Administrative Proceeding

       This Paragraph sets forth the type of disputes for which a domain name holder/registrant is required to submit to a mandatory administrative proceeding.  These proceedings will be administered by the Asian Domain Name Dispute Resolution Centre ("ADNDRC").

• a. Applicable Disputes
         A registered domain name in the TLD will be subject to an administrative proceeding upon submission of a complaint that a third party (the "Complainant") asserts to ADNDRC, in compliance with the Rules, that the sunrise registration should be cancelled based on one or more of the following criteria:

  •        (i) at time the domain name was registered, the registrant did not hold a trademark registration which has been verified by the Trademark Clearinghouse and which meets the eligibility requirements for the .商标TLD; or          

  •        (ii) the domain name is not identical to the mark on which the registrant based for completing the Sunrise registration; or          

  •        (iii) the trademark registration on which the domain name registrant based in the Sunrise registration was not issued on or before the date specified in the Registration Agreement.          

  All complaints under the Policy must be submitted to ADNDRC on or before 31 January 2015 (UTC+8).      

   

• b. Decision
         The complaint will be decided by the Panelist who is appointed by ADNDRC from its own list.  The Panelist's decision of whether a complaint meets the conditions set forth in Paragraph 2(a) will be based solely on a prima facie examination of any trademark or service mark certificates submitted.  The Panelist's decision is of an administrative nature.  The Panelist shall be required to state reasons for its decision.            

• c. Initiation of Proceeding
         The Rules state the process for initiating and conducting a proceeding under the Policy.            

• d. HUYI’s and Registrar’s Involvement in Administrative Proceedings
         HUYI and registrars do not, and will not, participate in the administration or conduct of any proceeding before ADNDRC under the Policy.  In addition, the HUYI and registrars will not be liable as a result of any decisions rendered by ADNDRC.            

• e. Remedy
         The remedy available to a Complaint under this Policy shall be limited to requiring the cancellation of a domain name registration. The Cancelled domain name shall be returned to the pool of available names for registration.            

• f. Notification
         ADNDRC shall publish, in accordance with the Rules, any decision made under the Policy.            

• g. Implementation of the Decision
         Upon being notified of the Panel’s decision by ADNDRC, HUYI and the applicable registrar will implement the decision in accordance with and subject to paragraph 2 (i) of the Policy and the sunrise registration conditions set forth in the Registration Agreement.            

• h. Multiple Complaints
         In the event more than one complaint is submitted to ADNDRC regarding the same domain name, the following shall apply:

  •        (i) All such complaints will be queued in accordance with the date and time they were received by ADNDRC.  The first complaint to be filed will be granted priority, provided ADNDRC is satisfied that the complainant concerned paid the complainant’s fee in accordance with the Rules (the "Priority Complaint" and the "Priority Complainant").          

  •        (ii) If the Panelist finds that the complainant failed to prove at least one of the criteria as set forth in Paragraph 2(a) of the Policy, the proceeding of the Priority Complaint shall be dismissed. The second complainant in the queue will then become the Priority Complainant of the queue.          

  •        (iii) If the Panelist finds that at least one of the criteria as set forth in Paragraph 2(a) of the Policy is successfully proved by the Priority Complainant, the Priority Complaint will be granted. The domain name will be returned to the pool of available domain names in accordance with the HUYI's procedures for cancelled domain name registrations. The remaining complaint(s) in the queue shall not be accepted.          

   

• i. Availability of Court Proceedings
         The mandatory administrative proceeding requirements set forth in Paragraph 2(a) shall not prevent either party from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that the domain name registration should be canceled, HUYI shall wait for ten (10) business days after communication of the decision before implementing that decision, unless the registrant submits to HUYI (with a copy to the relevant office of ADNDRC) during that ten (10) day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the registrant has commenced a lawsuit to preserve its claimed rights in a court of competent jurisdiction over the parties and the registered domain name. If such documentation is received no further action shall be taken until HUYI receives (i) evidence satisfactory to HUYI of an agreed resolution between the parties; (ii) evidence satisfactory to HUYI that registrant’s lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing such lawsuit or otherwise directing disposition of the registered domain name.