Every .in domain is registered on terms that include the .IN Domain Name Dispute Resolution Policy. A registrant agrees, by registering, to submit to arbitration if a trademark owner complains, and the Registry agrees to implement whatever the arbitrator orders. For a brand owner facing a squatted .in domain, it is faster and cheaper than any court, and it ends in the domain being transferred.
Quick reference
| Applies to | Every domain in the .in family — .in, .co.in, .net.in, .org.in, .firm.in, .gen.in, .ind.in and the Indian-script equivalents |
| Run by | The .IN Registry, operated by the National Internet Exchange of India (NIXI) |
| Fee | ₹30,000 plus GST — ₹10,000 to the Registry and ₹20,000 to the arbitrator; ₹2,000 plus GST per hearing, at most two |
| Decision-maker | A single arbitrator appointed by the Registry from its panel |
| Time to award | Sixty days from the arbitrator’s notice, extendable by thirty |
| Remedies | Transfer of the domain to the complainant, or cancellation; costs at the arbitrator’s discretion; no damages |
| Afterwards | Domain locked for ninety days from the award; award challengeable in the Delhi courts under the Arbitration Act |
Who can complain
Anyone who claims that a .in domain is identical or confusingly similar to a name, trademark or service mark in which they have rights, that the registrant has no rights or legitimate interests in it, and that it was registered or is being used in bad faith or for an unlawful purpose. There is no requirement that the mark be registered in India, or registered at all; rights in a mark anywhere, including unregistered rights built on use, are enough to found a complaint. The three elements and the evidence for them are the subject of a separate guide.
Filing
The complaint is filed with the Registry electronically, with its annexures, a power of attorney, and the fee. The Rules cap pleadings at 5,000 words excluding annexures. The complaint should set out the complainant’s rights, the three elements with evidence, the remedy sought — transfer, almost always — and the complainant’s contact details for service.
The Registry checks the complaint for compliance and notifies any defects within five working days, after which the complainant corrects and refiles. Once the complaint is in order, the Registry appoints an arbitrator from its empanelled list within five working days and notifies the parties. The complainant then sends the accepted complaint to the arbitrator within two working days, and serves a soft and hard copy on the registrant, filing proof of service. Either party may challenge the arbitrator’s independence within seven days of the appointment.
The proceeding
The arbitrator issues notice to the registrant within three working days of receiving the complaint, and that date is the commencement of the arbitration. The notice fixes the time for the registrant’s response; the rejoinder, if any, follows. Everything is in writing, in English, by email. No in-person or video hearing is held unless the arbitrator considers one necessary on a party’s request, and there can be at most two, each carrying a fee of ₹2,000 plus GST, shared by the parties or paid by the party asking.
A registrant who does not respond, or ignores the arbitrator’s directions, is dealt with ex parte: the arbitrator decides on the complaint alone, and the award binds the registrant regardless. In practice a large share of complaints go undefended.
The arbitrator decides on the pleadings, applying the Policy, the Rules and the Arbitration and Conciliation Act. The Act applies because the proceeding is, legally, an arbitration seated in Delhi — which is what gives the award its force, and what governs any challenge to it.
The award
The award must be made within sixty days of commencement, extendable by up to thirty days for reasons given in writing. It is a reasoned written decision naming the parties, the arbitrator and the domain, and it is emailed to the parties and the Registry, with the hard copy following. The Registry publishes the award on its website and notifies the parties of the implementation date within five working days of receiving the hard copy.
The arbitrator can order the domain transferred to the complainant or cancelled, and can award costs in the arbitrator’s discretion. There are no damages under the Policy; a complainant that wants money sues in court.
The lock
The Registry will not transfer the domain to anyone — including under an award — during the proceeding, and for ninety days after the award. The ninety days is the window in which the losing party can go to court; if a challenge is filed, implementation waits until it is decided. A registrant cannot defeat a complaint by transferring the domain to someone else once the complaint is on foot, and a complainant cannot take possession the day after winning.
Challenging an award
Because the award is an arbitral award, it can be challenged under the Arbitration and Conciliation Act — on the limited grounds the Act allows, within three months, in the courts at Delhi, which the Policy makes the seat. The Delhi High Court has entertained such petitions and has been reluctant to disturb reasoned awards; it has also held that only a party to the arbitration can bring one, so a third party who claims an interest in the domain has no standing. Nothing in the Policy prevents either side suing in court on the underlying trademark dispute, which is the other route around an adverse award.
Settlement
If the parties settle during the proceeding, they inform the arbitrator, who records the terms in the award and terminates the proceeding. The Registry’s administration fee is forfeited if a complaint is withdrawn before the arbitration starts; after the arbitrator is appointed, nothing is refunded.
When to use it
The Policy suits clear cases: a squatter holding the brand’s .in domain, a typosquat pointing at a competitor, a former distributor refusing to hand over the domain, a parked page offering the name for sale. It does not suit genuine disputes between two businesses with competing rights in a name, which need a court. And it does nothing about a .com — for those, the global procedure applies, and there is a separate guide.
Frequently asked questions
What is the INDRP? The .IN Domain Name Dispute Resolution Policy — a compulsory arbitration procedure, administered by the .IN Registry, that every .in registrant agrees to on registration. A trademark owner files a complaint, an arbitrator decides it, and the Registry implements the award by transferring or cancelling the domain.
How much does an INDRP complaint cost? ₹30,000 plus GST, comprising ₹10,000 to the Registry and ₹20,000 to the arbitrator. A personal hearing, if the arbitrator allows one, costs ₹2,000 plus GST, with at most two hearings. Professional fees are additional.
How long does an INDRP case take? The award is due within sixty days of the arbitrator’s notice to the registrant, extendable by thirty days. With filing, compliance checks and appointment, most cases run three to four months to award, followed by the ninety-day lock before transfer.
Do I need an Indian trademark registration to file an INDRP complaint? No. The complainant must have rights in a name or mark, which can be registered or unregistered and in any jurisdiction. A registration in India helps but is not required.
Can I get damages under the INDRP? No. The only remedies are transfer or cancellation of the domain, and costs at the arbitrator’s discretion. Damages require a suit in court.
Can an INDRP award be appealed? It can be challenged under the Arbitration and Conciliation Act, on the narrow grounds the Act allows, within three months, in the Delhi courts. The domain stays locked while the challenge is pending. Either party can also sue in court on the underlying trademark dispute.
Useful official resources
- .IN Registry — dispute resolution — the Policy, Rules of Procedure and published awards
- .IN Registry — WHOIS — registrant details for the complaint
See our related notes on the grounds and evidence for an INDRP complaint, cybersquatting remedies in the Indian courts and the UDRP for .com and other global domains.
A .in domain in the wrong hands? Talk to us.