Other IP rights · Domain names
Your brand's domain, secured in time or recovered
A domain name isn't a trademark: it goes to whoever registers it first, and nobody checks whether it infringes someone else's rights. That's why it's worth planning together with your trademark, and why you can recover it if someone registers your brand's domain in bad faith. Brand New IP helps with both: a domain list aligned with your trademark, and recovery through the UDRP procedure at WIPO or the routes available for .ro.
We plan domains alongside your trademark and recover domains registered in bad faith, through UDRP at WIPO for .com and others or the routes available for .ro.
Your first consultation is free.
Who it’s for
This is for you if…
- You're launching a new brand and want the key domains before competitors notice
- Someone registered a domain with your trademark and is using it or offering it for sale
- A competitor uses a domain that misleads your customers
- You've received a UDRP complaint or a letter about a domain you own
What’s included
What we do for you
- Checking domain availability alongside the trademark search
- A list of domains to register: the extensions that matter to you and common misspellings of the name
- Reviewing the disputed domain: registration date, holder, use
- Letters to the domain holder and negotiating a transfer
- UDRP complaints to the WIPO Arbitration and Mediation Center for .com, .net, .org and other generic domains
- Recovering .ro domains through the routes available for that extension or in court
- Defending you in a procedure brought against your domain
How it works
The steps, one by one
Step 1: Analysis
We check who holds the domain, since when and how it's used, and compare that with the date of your rights.
Step 2: Contact the holder
Often a letter or a reasonable buy-back offer settles it faster than a procedure.
Step 3: The complaint
If there's no agreement, we file the UDRP complaint or start the right procedure for .ro.
Step 4: Decision and transfer
If the complaint succeeds, the domain is transferred to you.
Typical time: UDRP: roughly two months from filing
Domain names
What you need to prove in a UDRP complaint
UDRP applies to generic domains such as .com, .net, .org or .shop and is usually decided by WIPO, in writing, without the parties attending. To win, you have to show three things:
- the domain is identical or confusingly similar to your trademark;
- the holder has no rights or legitimate interests in it;
- the domain was registered and is being used in bad faith.
The outcome can be transfer or cancellation of the domain, not damages. For .ro domains, the rules of ROTLD, the national registry, apply, and Romanian courts where needed.
Documents
What we need from you
- The domain name and dated screenshots of the site
- Your trademark certificates and the date you started using the marks
- Any correspondence with the domain holder, including offers to sell
Frequently asked questions
Questions about domain names
What is the UDRP procedure?
UDRP is the Uniform Domain-Name Dispute-Resolution Policy adopted by ICANN. It applies to generic domains such as .com, .net or .org and runs in writing, usually at the WIPO Arbitration and Mediation Center. It typically takes a few months and can end with the domain being transferred to the trademark owner. It doesn't award damages.
How do I recover a .ro domain registered with my trademark?
.ro domains are managed by ROTLD and aren't covered by UDRP. Depending on the situation, you can negotiate directly with the holder, use the procedures in the ROTLD rules, or go to court on the basis of your trademark or unfair competition. We review the case and tell you which option is faster and cheaper for your domain.
If I registered the domain, do I also have trademark rights?
No. A domain only gives you the right to use the address while you pay for it. It won't protect you if someone else files the trademark at OSIM or EUIPO, and it won't help if the domain infringes an earlier trademark. The other way round works, though: a registered trademark gives you grounds to recover domains registered in bad faith. That's why we plan them together.
Which domains should I register for a new brand?
At least .ro if you sell in Romania, plus .com. Then the extensions for the countries where you plan to sell and sometimes .eu. Misspellings or hyphenated versions are worth taking if the name invites confusion. There's no point buying dozens of extensions: we pick them based on your markets and on how attractive the name is to domain speculators.
How much does recovering a domain cost?
We quote our fee for the complaint after reviewing the case. A UDRP complaint also carries the WIPO fee, which depends on the number of domains and the number of panelists. Sometimes a negotiated buy-back costs less than the procedure, and we'll tell you so before filing anything.
Related services
- Trademark availability searchWe search the OSIM, EUIPO and WIPO registers for identical and similar marks and give you a written opinion on the risks.
- Infringement noticesWe send cease and desist letters to those using your mark, request takedowns on marketplaces and social media, and answer letters you receive.
- Trademark registrationFiling and follow-up with OSIM, EUIPO and WIPO, through to the certificate. Fixed, published fees; official fees shown separately.
Let’s talk about your trademark.
The first consultation is free. We’ll tell you honestly what can be protected, how and what it costs, before you pay anything.