Domain Name Dispute Resolution
When your brand is misused to deceive consumers online (also known as “cybersquatting” ), WIPO – the global leader in domain name dispute resolution – can help you reclaim the infringing domain name using an online enforcement tool called the UDRP or a national “ccTLD” variant.
TheUDRPapplies to all domain names in gTLDs (e.g.,.COM,.NET, and.ORG) including new gTLDs (e.g.,.APP,.SITE,. Tại tuyến )
Many ccTLDs have also adopted the UDRP,and these disputes can be combined with a gTLD case if the registrant is the same:
.AG,.AI,.AS,.BM,.BS,.BZ,.CC,.CD,.CO,.CY,.DJ,.EC,.FJ,.FM,.GA,.GD,.GT,.KI,.LA,.LC,.MD,.ME,.MG,.MW,.NR,.NU,.PA,.PK,.PN,.PR,.PW,.RO,.SC,.SL,.SN,.SO,.TJ,.TT,.TV,.UG,.VE,.VG, and.WS
Some ccTLDs have adopted a variation of the UDRP,and these cases must be filed using specific ccTLD policy:
.AC,.AO,.AE (and امارات.),.BH (and البحرين.),.AU,.BO,.BR,.CH,.CN (and. Trung Quốc ),.CR,.DO,.EU (and.ею and.ευ),.ES,.FR,.GE,.HN,.IE,.IO,.IR,.LI,.MA,.MP,.MX,.NL,.PE,.PH,.PL,.PM,.PY,.QA (and قطر.),.RE,.SA (and السعودية.),.SE,.SH,.TM,.TF,.TZ,.UA,.WF and.YT
For more information on ccTLDs that use WIPO’s case administration services and information on the specific local difference compared to the UDRP, visit WIPO’s page onDomain Name Dispute Resolution Service for Country Code Top Level Domains (ccTLDs)
You can file a UDRP or a ccTLD complaint byemailor using ourOnline Form
The main steps to file a Complaint are:
- Find out the Registrar for the domain name usingICANN’s Registration Data Lookup Tool
- Conduct a "WHOIS" search usingICANN’s RDRS toolor on the Registrar’s website
For more information, visit ourQ&A: domain name WHOIS data and the UDRPwebpage- Check if the domain name has expired or will expire soon
For more information, consult ourQ&A: domain name expiry and the UDRPwebpage
- Consult theUDRP,UDRP Rules,andWIPO Supplemental Rules
- Consult theWIPO Overview of WIPO Panel Views on Selected UDRP Question, Third Editionwhich summarizes the consensus views of panelists who have decided UDRP cases on most major topics. WIPO also provides aLegal Index of WIPO UDRP Panel Decisions
- File size and format specifications for the Complaint are set out in WIPO Supplemental Rules
- For “consolidated” complaints involvingmultipledomain names, complete the followingWIPO UDRP consolidation worksheetto assist in the consideration of your request.
For more complete information on consolidation, consultWIPO Overview 3.0,section 4.11
- You must proveallthree elements of the Policy: (1) that you have rights in your trademark [seeWIPO Overview 3.0,section 1], (2) that the registrant has no rights in the domain name [seeWIPO Overview 3.0,section 2], and (3) that the registrant has both registeredandis using the domain name in bad faith [seeWIPO Overview 3.0,section 3]
- Ensure that you have the necessary rights to file the complaint, e.g., trademark registrations in the name of the Complainant (be sure toattach copiesof your trademark registration certificates)
- Be sure to provide evidence of bad faith registrationandbad faith use (as applicable: attach screenshots of the offending website, fraudulent emails, prior correspondence with the registrant, etc.)
- We can only begin processing your case when we have received the filing fee
- Once a Complaint has been registered, our administrative fees are nonrefundable
- A breakdown of the fees is available on theWIPO Schedule of Fees
- Download aModel Complaintand submit it byemailor using thisOnline Form
- Send a copy to the Registrar, whose information can be found on theICANN List of Accredited Registrars
- Complaints filed outside working hours or on holidays or weekends will be processed the next working day
- You will get an acknowledgement of receipt once your case is registered, and the filing fee is received
- By submitting a Complaint, the Complainant agrees to be bound to theWIPO Data Privacy Notice
The main steps to filing a Response are:
- You may request an additional 4 calendar days to submit your response
- You may also request an additional extension that may be granted in exceptional cases further to paragraph 5(e) of the Rules
- If you wish for the case to be over without submitting a Response, and you consent to transfer the domain name to the Complainant, you should complete and submit aStandard Settlement Form
- For cases involving multiple disputed domain names, if you are not the registrant of all of the domain names, you should indicate which one(s) you are in control of
For more information, consultWIPO Overview 3.0,section 4.11.2
- Consult theUDRP,UDRP Rules,andWIPO Supplemental Rules/li>
- ConsultWIPO Overview 3.0,Section 3.11which summarizes the consensus views of panelists who have decided UDRP cases on most major topics. WIPO also provides aLegal Index of WIPO UDRP Panel Decisions
- File size and format specifications for the Response are set out inWIPO Supplemental Rules
- The burden of proof always remains on the Complainant
- You only need to successfully rebut one of the three elements of the Complainant’s case. You may do this by showing (i) that you are using (or plan to use) the domain name for a bona fide offering of goods or services (you may wish to attach a screenshot of your website), (ii) that you are commonly known by the domain name (e.g., by providing evidence of your identity), or (iii) that you are making a legitimate noncommercial or fair use of the domain name
- You may also provide evidence that your domain name was registered in good faithbeforethe complainant’s trademark rights existed
- If you believe the Complaint is being brought in bad faith, you may ask the Panel to make a finding of “Reverse Domain Name Hijacking”
- You are not required to make any payment if you agree with the Complainant’s single-member panel selection
- If you ask for a three-member panel, you must pay half of the filing fees (typically USD 2,000) and provide a list of three co-panelists in order of your preference
SeeWIPO Domain Name Panelists List- A breakdown of the fees is available on theWIPO Schedule of Fees
- Download aModel Responseand submit it byemailor using thisOnline Form
- Responses filed outside working hours or on holidays or weekends will be processed the next working day
- You will get an acknowledgement of receipt once your response is received
- By submitting a Response, the Respondent agrees to be bound to theWIPO Data Privacy Notice
Questions concerning filing requirements and payments may be sent by email to[email protected]
The fee for your case varies depending on the number of domain names involved in the dispute and on whether you or the Respondent request a single member or a three-member panel
The domain name registrant (Respondent) is not required to pay any fees unless it requests a three-member panel
For a case involving between 1 and 5 domain names decided by a single Panelist is USD 1,500
Find a more detailed fee breakdown athttps:// wipo.int/amc/en/domains/fees/index.html
For additional background and filing information, please visitWIPO’s Guide to the UDRPandFrequently Asked Questions: Internet Domain Names
WIPO Domain Name Disputes
Case filing tools
Research UDRP case law
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