3.4.2. Transfer of authority to manage .UA domain

It is possible to register a domain in the .UA zone only for the TM owner (only he can be specified as a registrant of the domain) and only from the account, which is registered for the TM owner. But there are cases when the user needs to perform any operations with the .UA domain on behalf of the TM owner, for example, when the domain is maintained by a developer or web studio. Such 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, there must be a "License agreement on granting an exclusive license to use the mark for goods and services".

License agreement is required if it is necessary to:

• Change contacts in the domain to another person/organization without changing the TM owner.
• Transfer ownership of the domain to the account of NOT the owner of TM with the possibility of further payment on his behalf.
• Register .UA domain from the account of NOT the owner of TM.
• Perform incoming transfer of .UA domain to the account of NOT the owner of TM.

In order to draw up a license agreement in accordance with the basic requirements of Ukrainian legislation, it is necessary to contact a legal expert (lawyers, notary, etc.). Otherwise, the agreement may be recognized as invalid.

1. A license agreement is concluded between the owner (or owners) of a trade mark (trademark or TM) and the person to whom the right to use a domain in the .UA zone is transferred. In our case — between the owner (or owners) of the TM and the owner of the account.
2. If the TM has more than one owner, the agreement must be between the account owner and all TM owners.
3. The agreement is concluded in the Ukrainian language. If the license agreement is formalized in other language, it will be necessary to provide a notarized translation of this agreement in the Ukrainian language.
4. ⚠️ The document must specify that on the basis of the license agreement the licensee is transferred the right to use the TM (with specifying the TM number), including registration of the domain name in the .UA zone (with specifying the domain or domains) and performance of other operations: renewal, transfer, etc.
5. Information about the signed license agreement (issued license) should be registered in the State Register of Certificates of Ukraine for Marks of Goods and Services, i.e. information about the issuance of a license to use the Mark (TM) should be made.
6. The agreement itself must be properly formalized: the validity period, numbered, etc. must be specified. At the time of registration, transfer, transfer of .UA domain to another user, the agreement must be valid.
7. The license agreement must be properly authenticated. If the licensor or licensee:
   • Individual: specify full name, passport data, place of registration, signature of the person.
   • Legal entity: specify the full name of the legal entity, UDRPOU code, legal and physical address, full name and signature of the person who is authorized to do so with the presentation of such document. Also, the contract must bear the seal of the organization (if any).
8. According to paragraph 3.9.3 of the regulations of the administrator of the zone .UA of the company Hostmaster LLC, the license agreement must be registered and signed in Ukrpatent, and can also be viewed on the Ukrpatent site ("Simple search → Protective document number, TM number → Show results → item 1, show details → Notifications", see screenshot with example below):
9. The contract must be signed with an EDS and sent to us via Vchasno or Paperless. If the parties do not have the opportunity to use EDS (for example, when the contract is concluded with a foreign company), then such a contract should be registered in Ukrpatent, and then send a copy to the address: Hosting Ukraine LLC, P.O. Box 65, Kiev, 04112. Each page of the copy of the contract must be witnessed by the signature of one of the parties to the contract, indicating full name, date and "The copy is true" or "According to the original" (in Ukrainian).

Transfer of rights to the .UA domain without signing a license agreement is possible in such cases:

• The owner of TM has changed. ⚠️ Information about this must be necessarily 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 listed in the Ukrpatent database.
• The name of the legal entity, which was the owner of the TM, has changed. ⚠️ Information about this must necessarily be displayed in the Ukrpatent database, for this purpose you should contact a patent attorney.

To transfer domain rights, please contact online chat and specify the domain name, ID and email of the account to which you want to transfer the domain, as well as attach the completed documents for domain data change.

1. Annex_1 — is filled out by the current domain owner.
   1. In the header of the document you should specify the data of the current domain owner (the one who gives the domain).
   2. The body of the application shall specify the person to whom the domain is transferred.
   3. Document transfer is different for different account types:
      • Individuals and FOPs only need to attach the completed and signed document in a request to the online chat.
      • Legal entities need to sign the application with an EDS and send it to us via Vchasno or Paperless.
2. Annex_2 — is filled out by the future domain owner.
   1. In the header of the document you need to specify the data of the future domain owner (the one who receives the domain).
   2. The body of the application shall also contain the data of the future domain owner. The document indicates consent to receive the domain.
   3. Document transfer is different for different account types:
      • Individuals and FOPs only need to attach the completed and signed document in a request to the online chat.
      • Legal entities need to sign the application with an EDS and send it to us via Vchasno or Paperless.
   4. The account of the future domain owner must be verified.