UDRP Guide: How to Take Back Domains That Infringe on Your Trademark

Introduction

In today’s digital world, owning a brand doesn’t stop at trademarks and logos: it extends all the way down to your domain name. But what happens when someone else registers a domain posing as your brand without your consent?

Unfortunately, that scenario is becoming increasingly common. As brands grow in popularity, opportunistic bad actors often register domain names that look official but are designed to mislead. These domains mimic the brand’s website design, lure customers into fraudulent transactions, or simply hold the name for ransom (a practice known as cybersquatting).

This doesn’t just damage sales, it compromises consumer trust and brand equity.

If your brand is dealing with a domain infringement issue, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) offers a way to reclaim your rightful digital property without going to court.

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What Is a UDRP Domain Dispute?

UDRP is a legal framework developed by ICANN (the Internet Corporation for Assigned Names and Numbers) to resolve disputes over domain names that infringe on trademarks. Designed as an alternative to traditional court proceedings, UDRP provides a streamlined, cost-effective process for trademark owners to reclaim domain names registered in bad faith.

Through this process, trademark holders can request:

• The transfer of the disputed domain to the rightful brand owner, or
• The cancellation of the domain registration.

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Who Can File a UDRP Complaint?

To be eligible, your case must meet three specific conditions:

1. Similarity: The domain name is identical or confusingly similar to your trademark.
2. No Legitimate Rights: The current domain owner has no rights or legitimate interest in the domain.
3. Bad Faith Use: The domain was registered and is being used in bad faith (e.g., for deception, resale, impersonation).

If your case meets these criteria, you can file through an official ICANN-authorized provider like WIPO (World Intellectual Property Organization) or ADR.

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UDRP in Action: A Step-by-Step Overview

The UDRP process is handled entirely online and typically takes 2–3 months. Here’s how it works:

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1. Draft the Complaint

Gather all required details and evidence, including:

• Information about your trademark and its registration
• Proof that the domain infringes on your IP
• Evidence of bad faith use (e.g., screenshots, consumer confusion, impersonation)

Tip: UDRP doesn’t always align with standard trademark law. Working with experienced IP professionals can improve your chances of success.

2. Submit the Complaint

You can submit the complaint to WIPO or NAF. Once submitted, you’ll need to pay a dispute resolution fee (typically ~$1,500 per domain). An initial review is conducted within about 2 business days.

3. Administrative Review

The dispute resolution provider reviews your complaint for completeness. If anything is missing, you’ll be asked to submit additional documentation within five days.

4. Notify the Domain Owner

If the application passes review, the domain registrant (respondent) is notified and has 20 days to respond. If they fail to reply, the panel will proceed in your favor by default.

5. Panel Review and Decision

The complainant and respondent can each request either a single- or three-member panel to hear the case. The panel reviews the evidence and delivers a ruling, typically within 14 days.

6. Enforcement of the Decision

If the panel rules in your favor, the domain will be transferred or canceled within 10 days unless the respondent files a court action. On average, the full process takes 60–90 days.

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Key Considerations Before Filing a UDRP Complaint

1. Not all domains are eligible.

UDRP applies to generic top-level domains (gTLDs) like .com, .org, and .net. Country-specific domains (ccTLDs like .kr, .jp, or .cn) follow local rules, so you’ll need to check each country’s domain dispute policy individually.

2. The process requires strong documentation.

You’ll need evidence of trademark registration, detailed screenshots of the infringing domain, and documentation of misuse.

3. You can file for multiple domains together.

If several domains are infringing on your brand, they can be bundled into one complaint. Just keep in mind that fees and timelines may scale accordingly.

4. Most UDRP proceedings are conducted in English.

If your domain was registered through a registrar outside of the US, you’ll likely still need to file in English.

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Frequently Asked Questions

Q: Do I need to register my trademark in the domain owner’s country?

A: Not necessarily, but having a registered trademark in any jurisdiction is a strong advantage in UDRP cases.

Q: What if the domain owner ignores my emails?

A: UDRP notifications are sent to the registrant’s official email. If it’s inactive, they may lose the case by default. We recommend verifying registrant info via WHOIS.

Q: Can I handle this on my own?

A: Technically, yes… But because UDRP filings require precise legal reasoning and evidence, many brands choose to work with domain enforcement specialists.

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Make UDRP Simple with MarqVision

At MarqVision, we streamline the UDRP process for global brands. Our AI platform continuously monitors domains for impersonation, scans for high-risk activity, and prepares your evidence for filing.

We also help you explore pre-UDRP enforcement options like soft notices and platform-level takedowns. If needed, we escalate to UDRP with the full support of our legal and policy experts.

From stopping infringing websites to reclaiming key digital real estate, MarqVision helps you protect your brand quickly, globally, and effectively.

Learn more about our domain protection services

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