When someone registers a domain matching your trademark, or a company claims your domain is theirs, the case usually goes through the UDRP (Uniform Domain-Name Dispute-Resolution Policy). UDRP is an ICANN policy every gTLD registrant agrees to when registering. It resolves clear cybersquatting cases in weeks without going to court. This guide explains how domain disputes work for both sides. It is general information, not legal advice.
Before you start
- The disputed domain and an RDAP or WHOIS lookup of it.
- Evidence of your trademark rights or your legitimate use of the name.
What cybersquatting is
Cybersquatting means registering a domain identical or confusingly similar to someone else's trademark in bad faith, for example to sell it to the brand owner, divert its customers, or run phishing. Typosquatting (exmaple.com) is a common variant. Simply owning a generic word that is also a brand is not cybersquatting.
The three UDRP tests
A complainant must prove all three:
- Identical or confusingly similar: the domain matches or resembles a trademark the complainant has rights in.
- No rights or legitimate interests: the registrant has no legitimate reason to hold the name, such as a genuine business, a personal name or fair non-commercial use.
- Registered and used in bad faith: for example offering it for sale to the brand owner, impersonating the brand or blocking a competitor.
How the UDRP process works
| Stage | What happens | Typical timing |
|---|---|---|
| Complaint | Filed with a provider such as WIPO, with a fee | Day 0 |
| Lock | Registrar locks the domain so it cannot be transferred | Within days |
| Response | Registrant has 20 days to respond | About 3 weeks |
| Decision | Panel of one or three experts decides on the papers | About 2 months total |
| Implementation | Domain transferred or cancelled unless court action is filed within 10 business days | After decision |
UDRP can only transfer or cancel the domain. It does not award damages.
URS and ccTLD policies
- URS (Uniform Rapid Suspension): a faster, cheaper procedure for new gTLDs and some others, for very clear cases. It suspends the domain rather than transferring it.
- ccTLDs: each registry has its own rules. Some use UDRP; others, such as
.uk(Nominet DRS) and.eu(ADR), have their own procedures. - Courts: national laws such as the US Anticybersquatting Consumer Protection Act allow lawsuits, which can include damages.
If you receive a UDRP complaint
- Do not ignore it. Without a response the panel decides only on the complainant's evidence.
- Collect proof of legitimate use: business records, site history, dates showing you registered before the trademark existed.
- Consider getting advice from a domain lawyer.
- Do not offer the domain for sale to the complainant; that can be used as evidence of bad faith.
How to protect your brand domains
- Register your trademark, which strengthens any future complaint.
- Register your main brand on key TLDs and ccTLDs and obvious typos.
- Keep registrations on auto-renew so they never drop and get caught by others.
- Monitor new registrations containing your brand.
Tip: Before choosing a new business name, search trademark databases and check domain availability at the same time on the MdmHost domain search.
Frequently asked questions
Can a company take my domain just because it is bigger?
No. It must prove all three UDRP elements. Legitimate, good-faith owners regularly win.
What is reverse domain name hijacking?
A finding that a complainant used UDRP in bad faith to try to take a domain it had no right to. Panels can declare it, though there is no financial penalty.
Is a UDRP decision final?
Either party can go to court. The transfer is paused if court proceedings are filed within 10 business days.