When this applies
Someone has registered a domain name that copies or closely resembles your trademark, for example to sell it back to you, to mislead your customers or to take advantage of your name.
How the procedure works
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is an out-of-court procedure for generic domain names such as .com, and for country domains that have adopted it. A complaint is filed with an approved provider, such as the World Intellectual Property Organization (WIPO), and decided by a panel. Some country domains have their own rules, so tell us the domain name.
The person who complains has to show three things:
- Rights in a trademarkThe domain name is identical or confusingly similar to a trademark in which you have rights.
- No legitimate interestThe holder of the domain name has no rights or legitimate interests in it.
- Bad faithThe domain name was registered and is being used in bad faith.
The panel can order the domain name transferred to you, order it cancelled, or reject the complaint. It cannot award damages or costs.
Source: WIPO, guide to the UDRP.
How we work on it
We do not conduct the procedure ourselves. We arrange it through our partners and coordinate the matter, so you do not have to find and brief someone yourself. It works like our other trademark disputes.
- Tell us about the domain nameThe domain name, your mark, and what you have seen. If there is a time limit, tell us at once.
- We look at itWe check your rights and the evidence, and say which procedure applies.
- We arrange a partnerIf the matter has to be handled by a partner, we bring one in and give them your file.
- You receive a written quoteNothing begins without your approval.
- The partner handles the complaintWe coordinate, and you stay in touch with us throughout.
A domain name case can end either way, and we cannot promise an outcome. You need rights in a trademark to complain. If you do not have a registration yet, we can help you obtain one: see Trademark Registration.
Common questions
Do you handle domain name disputes yourselves?
No. We arrange them through partners and coordinate the matter for you, in the same way as other trademark disputes.
What do I have to show under the UDRP?
Three things: that the domain name is identical or confusingly similar to a trademark in which you have rights; that the domain name holder has no rights or legitimate interests in it; and that the domain name was registered and is being used in bad faith.
What can I get?
The panel can order the domain name transferred to you, order it cancelled, or reject the complaint. It cannot award damages or costs.
Do I need a registered trademark?
You need rights in a trademark. A registration makes that much easier to show. If you do not have one yet, we can look at registering the mark.
Does it work for every domain name?
The UDRP applies to generic domain names, such as .com, and to country domains that have adopted it. Some country domains have their own rules. Send us the domain name and we tell you which procedure applies.
What does it cost?
We send you a written quote before any work starts, and nothing begins without your approval. The amount depends on the matter. We cannot promise an outcome.
