Domain name grabbing has become a common tactic used by third parties seeking to profit from established brands. When it comes to protecting your rights, you generally have three options: filing a domain name complaint with a dispute resolution center, initiating a lawsuit in court or negotiating with the domain squatter (thereafter referred ad the disputed party). In this article, I will focus specifically on resolving “.cn” domain name disputes through the complaint process and provide an overview of the guidelines for filing a domain name complaint in China.
Legal Basis
《Measures for the Resolution of Country Code Top-Level Domain Name Disputes》and related regulations provide the basic legal basis for the domain name compliant in China.
Article 2: These measures apply to disputes arising from the registration or use of domain names. However, if the domain name registration has been in effect for more than three years, the dispute resolution authority will not accept the case.
Article 8: A complaint will be upheld if all of the following conditions are met:
1. The disputed domain name is identical or confusingly similar to a name or logo in which the complainant holds legitimate civil rights.
2. The domain name holder has no legitimate rights or interests in the domain name.
3. The domain name was registered or is being used in bad faith.
Basic Procedure of a Domain Name Complaint
We can file the domain name complaint before China International Economic and Trade Arbitration Commission Online Dispute Resolution Center (CIETAC) and basic procedure is below:
1. The complainant submits the pleading to the CIETAC;
2. The CIETAC conducts the formality examination. The further notification may be received if the CIETAC holds the submitted materials need to be amended;
3. CIETAC issues the notification to the respondent and forward the documents submitted by complainant to the respondent.
4. The respondent should respond to the CIETAC within 20 days;
5. The CIETAC examines the case and issues the decision.
The decision basically will be issued within three months.
Key Points for a Successful Complaint
Make sure you cover the following essential requirements to successfully have your domain name complaint accepted and to increase the likelihood of a favorable outcome.
A. The registration period of disputed domain name must be within three years. Otherwise, your complaint will not be accepted.
B. The domain name should be identical or confusingly similar to your prior trademarks or domain names or other civil rights. The civil rights should contain trademark, domain name, trade name right, etc, but trademark right is widely used in the complaints.
Tips: Your trademark or domain name rights, etc. must have been established before the registration date of the disputed domain name.
C. The current domain holder has no legitimate rights to the domain name, and they registered or used it in bad faith.
We can present the following evidence to support our arguments:
1) The disputed party has the intention to sell the domain names to the right holder or their competitors, or has explicitly advertised on the website that the domain names are available for sale.
2) The registrant and the right holder are in competition, and disputed party's actions are clearly directed against the right holder, interfering with its business or damaging its reputation.
3) The disputed party possesses a large number of domain names that are identical or similar to the legal rights owned by other parties, including trademark rights and other associated rights.
4) The disputed party uses the domain name as a means to obtain commercial benefits, making others believe that the website or the goods sold or services provided on the website are related to the right holder, thereby causing confusion.
We hope above guidelines will help you better protect your brands in China!
