3.4.2. Transfer of authority to manage the .UA domain
Transfer of rights under a license agreement (NOT to the TM owner)
Attention!
To provide temporary access to third parties, such as a developer, administrator, marketer, etc., use delegation of access.You can register a domain in the .UA zone only for the TM owner (indicate as a domain registrant) and only from an account that is issued to the owner of the TM. But there are cases when the user needs to perform some operations with the .UA domain on behalf of the TM owner, for example, when a developer or web studio is in charge of maintaining the domain. This is allowed, but between the owner (or owners) of the TM and the person to whom the authority to manage the .UA domain is delegated, «License agreement on granting an exclusive license to use the mark for goods and services».
Registration of a license agreement is required, if necessary:
- Change contacts in the domain to another person / organization without changing the owner of the TM.
- Transfer the rights to the domain to the account of the NOT owner of the TM with the possibility of further payment on his behalf.
- Register .UA domain from account NOT owner of TM.
- Perform an incoming transfer of the .UA domain to the account NOT of the owner of the TM.
To draw up a license agreement in accordance with the basic requirements of Ukrainian legislation, you need to contact a specialist in the field of law (lawyers, notary, etc.). Otherwise, the contract may be invalidated.
Rules for registration of a license agreement
- The license agreement is concluded between the owner (or owners) of the trademark (trademark or TM) and the person to whom the right to use the domain in the .UA zone is transferred. In our case, between the owner (or owners) of the TM and the owner of the account.
- If the TM has several owners, then the contract must be concluded between the account owner and all TM owners.
- The contract is concluded in Ukrainian. If the license agreement is drawn up in another language, it will be necessary to provide a notarized translation of this agreement in Ukrainian.
- Attention! In document necessarily it should be indicated that, on the basis of the license agreement, the licensee is transferred the right to use the TM (indicating the TM number), including the registration of a domain name in the .UA zone (indicating the domain or domains) and performing other operations: renewal, transfer, etc.
- Information about the signed license agreement (issued license) should be entered в Державний Реєстр свідотцтв України на знаки товарів і послуг, то есть должно быть совершено информирование о выдаче лицензии на использование Знака (ТМ).
- The contract itself must be executed properly: the validity period is indicated, numbered, etc. At the time of registration, transfer, transfer of the .UA domain to another user, the contract must be valid.
- The license agreement must be duly certified. If the licensor or licensee:
- Individual: indicate full name, passport data, place of registration, signature of the person.
- Legal entity: indicate the full name of the legal entity, EDRPOU code, legal and physical address, full name and signature of the person who has the authority to do so with the presentation of such a document. Also, the contract must bear the seal of the organization (if any).
- According to paragraph 3.9.3 regulations administrator of the .UA zone of the LLC company "Hostmaster" license agreement necessarily must be registered and signed with Ukrpatent.
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- If the parties do not have the opportunity to use the EDS (for example, when an agreement is concluded with a foreign company), then such an agreement must be registered with Ukrpatent, and then sent a copy to: LLC «Hosting.XYZ LTD», PO Box 65, Kiev, 04112. Each page of the copy of the agreement must be certified by the signature of one of the parties to the agreement indicating the full name, date and «Copy is right» or «According to the original» (in Ukrainian).
Transfer of rights to the current owner of the TM
Transfer of rights to the .UA domain without signing a license agreement is possible in the following cases:
- The owner of the TM has changed. Attention! Information about this must be displayed in the Ukrpatent database.
- The domain name in the .UA zone is planned to be transferred to one of the TM owners, if there are several of them and they are indicated in the Ukrpatent database.
- The name of the legal entity, which was the owner of the TM, has been changed. Attention! Information about this must be displayed in the Ukrpatent database, for this you should contact a patent attorney.
To transfer rights to a domain, you must contact technical support and specify the domain name, ID and account mailwhere you need to transfer the domain, as well as attach completed documents to change the domain data.
Documents indicating data change in the domain
- "Application_1" — is filled in by the current owner of the domain.
- In the header of the document, you need to indicate the data of the current domain owner (the one who gives the domain).
- The body of the application indicates the person to whom the domain is transferred.
- Document transfer is different for different account types:
- Individuals and FOP only need to attach a completed and signed document in their request to tech support.
- "Application_2" — filled in by the future owner of the domain.
- In the header of the document, you need to indicate the data of the future owner of the domain (the one who accepts the domain).
- The body of the application also contains the data of the future owner of the domain. The document indicates the consent to receive the domain.
- Document transfer is different for different account types:
- Individuals and FOP only need to attach a completed and signed document in their request to tech support.
- The account of the future domain owner must be verified.