Applicable Disputes. You are required to submit to a mandatory arbitration proceeding in the event that a third party (a "Complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure and the Supplemental Rules of such Provider, that:

your Domain Name is identical or confusingly similar to a trademark or service mark in Hong Kong in which the Complainant has rights; and

you have no rights or legitimate interests in respect of the Domain Name; and

your Domain Name has been registered and is being used in bad faith.

To succeed in the arbitration proceeding, the Complainant must prove that all of these three elements are present. For the purpose of requirement (i) in relation to Chinese domain names, the traditional or simplified form or any other variant set out in the Chinese Characters Variant Table (defined in the Domain Name Registration Agreement for Trial Chinese Domain Names) of the same Chinese character appearing in a domain name and trade mark respectively will be considered to be identical and confusingly similar to each other.

Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by an Arbitration Panel to be present, shall be evidence of the registration and use of a Domain Name in bad faith:

circumstances indicating that you have registered or you have acquired the Domain Name primarily for the purpose of selling, renting, or otherwise transferring the Domain Name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the Domain Name; or

you have registered the Domain Name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding Domain Name, provided that you have engaged in a pattern of such conduct; or

you have registered the Domain Name primarily for the purpose of disrupting the business of a competitor; or

by using the Domain Name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a Complaint as defined in Paragraph 3 of the Rules of Procedure, you should refer to Paragraph 5 of the Rules of Procedure in determining how your Response should be prepared.

Any of the following circumstances, in particular but without limitation, if found by an Arbitration Panel to be proven based on its evaluation of all evidence presented to it, shall demonstrate your rights or legitimate interests to the Domain Name for purposes of Paragraph 4(a)(ii):

before any notice to you of the dispute, your use of, or demonstrable preparations to use, the Domain Name or a name corresponding to the Domain Name in connection with a bona fide offering of goods or services in Hong Kong; or

you (as an individual, business, or other organisation) have been commonly known by the Domain Name, even if you have acquired no trade mark or service mark rights in Hong Kong; or

you are making a legitimate non-commercial or fair use of the Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trade mark or service mark at issue.

Selection of Provider. The Complainant shall select the Provider from among those approved by the HKDNR by submitting the Complaint to that Provider. The selected Provider will administer the arbitration proceedings.

Initiation of arbitration proceeding and process and appointment of Arbitration Panel. The Rules of Procedure and the Provider's Supplementary Rules set out the process for initiating and conducting an arbitration proceeding and for appointing the Arbitration Panel, which will decide the dispute.

Fees. All fees charged by a Provider in connection with any dispute before an Arbitration Panel pursuant to this Dispute Resolution Policy shall be paid by the Complainant, except in cases where you elect to expand the Arbitration Panel from one to three Panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure and in the Provider's Supplemental Rules, in which case all fees will be split evenly by you and the Complainant.

Attention is also drawn to Paragraph 18(d) of the Rules of Procedure which provides for the possible charge for extra fees in the exceptional circumstances, for example if an in-person hearing is held.

Our Involvement in Arbitration Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Arbitration Panel. In addition, we will not be liable as a result of any decisions rendered by an Arbitration Panel.

Remedies. The remedies available to a Complainant pursuant to any proceeding before an Arbitration Panel shall be limited to requiring the cancellation of your Domain Name or the transfer of your Domain Name registration to the Complainant.

Notification and Publication. The Provider shall notify us of any decision made by an Arbitration Panel with respect to a Domain Name you have registered with us. All decisions under this Dispute Resolution Policy, the Rules of Procedure and the Provider's Supplemental Rules will be final and binding and including without limitation publication in full on the Internet or other forms of publication, except when an Arbitration Panel determines in an exceptional case, to redact portions of its decision.

By applying to register a Domain Name and by asking us to register, maintain or renew a Domain Name registration, you agree that a decision by an Arbitration Panel in which you are a Respondent may be made public and may be posted on the website of the HKDNR and or the Provider which appointed the Arbitration Panel in question.

Results of an Arbitration Panel's Decision. If an Arbitration Panel decides that your Domain Name registration should be cancelled or transferred, we will wait ten (10) business days after we are informed by the applicable Provider of the Arbitration Panel's decision before implementing that decision.

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