SOMEONE IS TRYING TO REGISTER A DOMAIN NAME WITH MY TRADEMARK! WHAT CAN I DO?
To deal with domain names dispute, ICANN has set up different protection mechanisms. The 2 main ones are :
- Uniform Domain-Name Dispute-Resolution Policy (UDRP)
The UDRP is a dispute resolution mechanism for trademark owners to resolve clear cases of badfaith, abusive registration and use of domain names – or when domain names are confusingly similar to a trademark or service mark in which the complainant has rights.
To prevail in a UDRP complaint, the complainant must further demonstrate that the domain name registrant has no rights or legitimate interests in the disputed domain name, and that the disputed domain name has been registered and is being used in bad faith. In the event of a successful claim, the infringing domain name registration is transferred to the complainant’s control.
- Uniform Rapid Suspension (URS)
Uniform Rapid Suspension (URS) is a rights protection mechanism that complements the UDRP by offering a lower-cost, faster path to relief for rights holders experiencing the most clear-cut cases of infringement. Implemented for cases of unambiguous trademark abuse, under the URS, the only remedy is the temporary suspension of a domain name for the duration of the registration period - which may be extended by the prevailing complainant for one year, at commercial rates.
These procedures are available to any trademark holder, there's no obligation to register to the TMCH to benefit from them.