Someone registered your brand — or its .in variant — as a domain? The INDRP is a fast, relatively inexpensive way to get it back. Here’s the process in detail, from filing to appeal.
Note: The INDRP Rules of Procedure have since been updated (electronic filing/payment, size limits, service requirements). See our note on the INDRP amendments for the current procedure.
Why domain names matter
Trademarks are to the real world what domain names are to the virtual one — the internet is the first port of call for anyone seeking information, so a business must make its presence felt online. A domain (e.g. google.com — “.com” the top-level, “Google” the second-level) is the memorable stand-in for a numeric IP address.
The problem
Companies often find someone already using their mark as a domain, or using it with a different country-code TLD (.in, .uk, etc.). This guide covers recovering a .in domain under the .IN Registry.
Who can file
Anyone who believes a domain conflicts with their IP — because it’s identical or similar to their mark, or the holder lacks legitimate interest or acted in bad faith — can file an INDRP complaint.
Where and how to file
Complaints go to the .IN Registry (part of NIXI), by post and email, following the Dispute Resolution Policy and Rules of Procedure. A complaint should include:
- a request for arbitration;
- contact details of complainant and respondent;
- the disputed domain name;
- the marks relied on (present or intended);
- the three grounds:
- the domain is identical or confusingly similar to the complainant’s mark (arbitrators include registered and unregistered marks);
- the respondent has no rights or legitimate interests (e.g. no connection to the mark, no goods/services offered, merely a parking page of links); and
- the domain was registered and used in bad faith (e.g. offered for excessive sale, linked to the complainant’s competitors, etc.);
- the remedies sought; and
- details of other proceedings, if any.
Notification and process
If the complaint is in order and the fee paid, it’s forwarded to the respondent within 3 working days; if deficient, the complainant is notified within 3 days and has 5 days to fix it, failing which it’s deemed withdrawn. An arbitrator is then appointed and fixes the commencement date. The Registry ensures the respondent is served by post, email or notified address.
Arbitrator, award and fees
- Appointment — usually within 5 working days; the complainant bears the arbitrator’s fees.
- Impartiality — a party may challenge an arbitrator’s independence within 7 days of appointment; the Registry decides.
- Award — after reviewing submissions (and up to two hearings if requested), the arbitrator passes an award on the merits within 60 days (extendable by 30 in exceptional cases), communicated within 5 days. Settlement during proceedings is permitted.
- Fees — Administration INR 10,000, Arbitrator INR 20,000, Personal Hearing INR 2,000/hearing (max two).
Appeals — and the registrant’s undertaking
Because the INDRP follows the Arbitration and Conciliation Act, 1996, its appeal provisions apply — you have 90 days to appeal.
Notably, the INDRP makes the registrant warrant that their details are true, that registration doesn’t infringe third-party rights, isn’t for an unlawful purpose, and doesn’t violate the law. So the onus is on the respondent to prove legitimate rights.
Infringing registrations are increasingly common — a “business model” for some. Knowing every recovery route (litigation, UDRP, legal notices, negotiation, INDRP) is key; the INDRP is a fast, inexpensive weapon in the armoury.
The takeaways
- Three grounds win a complaint — confusing similarity, no legitimate interest, bad faith.
- Parking pages and resale attempts are classic bad-faith and no-interest indicators.
- Awards come within 60 days — fast and relatively cheap (₹30,000+).
- The registrant bears the onus — they warranted non-infringement when registering.
Frequently asked questions
How do I recover a .in domain that uses my trademark? File an INDRP complaint with NIXI’s .IN Registry, establishing that the domain is confusingly similar to your mark, the registrant lacks legitimate interest, and it was registered/used in bad faith.
What are the INDRP fees? Administration INR 10,000, arbitrator INR 20,000, and INR 2,000 per personal hearing (up to two).
How long does the INDRP take? An award is generally passed within 60 days of commencement, extendable by 30 days in exceptional circumstances.
Can I appeal an INDRP award? Yes — the Arbitration and Conciliation Act applies, giving 90 days to appeal.