This thing reads differently every time I look at it...I am sure that is not by accident
on Afilias' part!
First, remember there are only 2
positions you can fill...that of Priority Challenger and Non-Priority Challenger
order for a Priority Challenger to be reimbursed the $220, the Respondent must pay
their respondant fee of $295 AND the respondant must fail to prove they registered
in compliance of the sunrise period (ie, they own the trademark) (Section 13d of
I COULD NOT READ ANYWHERE ELSE WHERE THEY STATE THAT THE PRIORITY CHALLENGER
WILL BE REIMBURSED. So, if you challenge, and the respondant does nothing...you
DO NOT get your money back...and unless you yourself can prove you have the trademark...you
DON'T get the name...
As for NonPriority challengers, it states you get reimbursed
when the challenge is settled one of two ways (either Rules 4(k)(ii) or 4(k)(vi)
is if the Priority Challenger wins
4(k)(vi) is an opportunity for you to challenge
the 'new' owner (ie, the previous priority challenger who won the challenge).
If you are next in line, you can be the new Priority Challenger, or decline and get
your $220 reimbursed, otherwise it all starts over.
Another example of Afilias'
masterful grasp on elementary business processes.