Back to Trademark basics

Can you get someone to stop using their domain if it's similar to your trademark?

Written by Jan Buza

Co-founder of Trama

Yes, in certain circumstances, you can challenge domain names that are identical or confusingly similar to a registered mark, particularly where the domain is being used to trade in the same or related goods and services.

Domain disputes are commonly conducted through the Uniform Domain-Name Dispute-Resolution Policy (UDRP), administered by WIPO, which allows trademark holders to challenge domain registrations without going to court. A successful complaint can result in the domain being transferred or cancelled.

For court proceedings, a trademark registration in the relevant jurisdiction gives the owner legal grounds to pursue an infringement claim if the domain holder is trading in a way that creates consumer confusion with the trademark owner's brand.

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