An Indian company whose brand has been taken as a .com has no use for the Indian dispute policy, which applies to .in domains alone. The remedy is the global one: the Uniform Domain Name Dispute Resolution Policy, which every registrar of a generic top-level domain is bound to apply. Indian brand owners use it constantly, and the procedure is in some respects simpler than the Indian one.
Quick reference
| Applies to | .com, .net, .org, .info, .biz and the newer generic suffixes — every gTLD; not country-code domains like .in |
| Providers | WIPO Arbitration and Mediation Center is the most used; others include the Forum and the Czech Arbitration Court |
| Fee at WIPO | USD 1,500 for one to five domains before a single panelist; USD 4,000 for a three-member panel; paid by the complainant |
| Timeline | Response due 20 days from commencement; decision within 14 days of panel appointment; roughly two months end to end |
| Remedy | Transfer or cancellation; no damages, no costs |
| Implementation | Ten business days after notification, unless the registrant sues in a court of mutual jurisdiction |
The three elements
The complainant must show that the domain is identical or confusingly similar to a trademark or service mark in which it has rights; that the registrant has no rights or legitimate interests in the domain; and that the domain has been registered and is being used in bad faith.
The first two mirror the Indian policy. The third is narrower: bad faith must be shown in both registration and use, not either. A domain registered innocently and later used abusively, or registered abusively and now dormant, needs careful argument — panels have developed doctrines for passive holding and for renewal in bad faith, but the conjunctive test is a real difference from the INDRP.
Rights in a mark anywhere suffice. An Indian registration, or reputation built on use in India, founds a complaint against a .com registrant in any country. Unregistered rights need evidence of use and recognition.
Procedure
The complaint is filed online with the provider, in the language of the registration agreement — usually English — with annexures, within a word limit, and with the fee. The provider checks it, asks the registrar to confirm the registrant’s details and lock the domain, and serves the complaint. Privacy or proxy registration is lifted at that point, and the complainant is given a chance to amend the complaint to name the real registrant.
The registrant has twenty days to respond. A panel — one member, or three if either party asks and pays — is then appointed, and the decision is due fourteen days after appointment. There are no hearings; the panel decides on the papers. The decision is published.
If the complainant wins, the registrar implements the transfer ten business days after being notified, unless in that period the registrant files a court action in a mutual jurisdiction — the courts at the registrar’s location or at the registrant’s address — in which case the registrar waits for the court.
WIPO has recently added a priority service, at an additional fee, that commits to a decision within a month of commencement, for cases where the harm is ongoing.
Costs
The WIPO fee for a single-panelist case covering up to five domains is USD 1,500, and USD 4,000 for a three-member panel. Larger numbers of domains cost more on a sliding scale. The complainant pays; the fee is not recovered from a losing registrant, and the Policy provides no costs or damages. Withdrawal before commencement forfeits a modest administration charge; after notification, more.
How it differs from the INDRP
| UDRP | INDRP | |
|---|---|---|
| Domains | Generic top-level domains | .in family |
| Bad faith | Registration and use | Registration or use, or unlawful purpose |
| Fee | USD 1,500 / 4,000 | ₹30,000 plus GST |
| Panel | One or three, party’s choice | Single arbitrator appointed by the Registry |
| Legal nature | Contractual administrative procedure | Arbitration under the Indian Arbitration Act |
| Challenge | Court action in a mutual jurisdiction within ten business days | Petition under the Arbitration Act within three months in Delhi |
| Lock after decision | Ten business days | Ninety days |
The UDRP’s shorter post-decision window and its wider choice of panels are advantages; the conjunctive bad-faith test is the main disadvantage.
Beyond the UDRP
For domains in the newer generic suffixes — .shop, .app, .xyz and hundreds more — a faster, cheaper Uniform Rapid Suspension procedure suspends, but does not transfer, a domain in clear cases. It is useful for taking down a phishing site quickly; it does not recover the name.
Country-code domains each have their own policy or none. Some — .uk, .au, .eu — have procedures similar to the UDRP; others require a court action in that country. A brand owner with a portfolio problem plans jurisdiction by jurisdiction.
And the Indian courts remain available: a suit in India for trademark infringement or passing off can result in an injunction and a direction to the registrant, and Indian courts have ordered registrars and registries with a presence in India to transfer or block domains. Where the registrant is in India, that is often the stronger route for a .com, particularly where damages or a wider injunction are wanted.
Frequently asked questions
Can I use the INDRP to recover a .com domain? No. The INDRP applies only to .in domains. A .com, .net, .org or other generic top-level domain is recovered under the UDRP, or by a court action.
What does a UDRP complaint cost? At WIPO, USD 1,500 for a single-panelist case covering one to five domains, or USD 4,000 for a three-member panel. Professional fees are additional and the fee is not recovered from the registrant.
How long does a UDRP case take? Around two months from filing to decision: twenty days for the response, then a decision within fourteen days of the panel’s appointment. Transfer follows ten business days after notification unless the registrant sues.
What is the main difference between the UDRP and the INDRP? Under the UDRP the domain must have been both registered and used in bad faith; under the INDRP bad faith in either, or an unlawful purpose, is enough. The UDRP is a contractual procedure challengeable by court action within ten business days; the INDRP is an arbitration challengeable under the Arbitration Act within three months.
Do I need an Indian trademark registration to file a UDRP complaint? No. Rights in a mark anywhere — registered or, with evidence, unregistered — are sufficient. Indian owners routinely rely on Indian registrations against registrants abroad.
Can I sue in India instead of filing a UDRP complaint? Yes, particularly where the registrant is in India. A suit for infringement or passing off can produce an injunction, damages and a transfer direction, and Indian courts have ordered registrars to give effect to such orders.
Useful official resources
- WIPO Arbitration and Mediation Center — domain name disputes — the Policy, Rules, fees and filing
- ICANN — UDRP — the Policy and the list of providers
See our related notes on the INDRP process, INDRP grounds and evidence and cybersquatting remedies in the Indian courts.
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