If someone else has registered a domain name containing your trademark, the route to claiming it back depends first on the extension. For generic extensions such as .com and .net, a domain name dispute is resolved under ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP); for extensions such as .com.tr and .tr, it is resolved through TRABİS's dispute resolution mechanism. On both routes, you prove similarity, that the other side has no legitimate right, and bad faith; the only outcome is cancellation or transfer. If you want damages, you need to go to court.
We explained in domain ownership and trademark rights that owning a domain name does not by itself create trademark rights. This guide covers the routes available when the domain name is already in someone else's hands, and the conditions of each.
First, Identify the Extension and the Registration Details
The extension determines which system applies. For generic-extension domain names obtained from ICANN-accredited registrars, the UDRP is part of the registration agreement; the domain name holder agreed to take part in the process when registering. Some country-code extensions have also adopted the UDRP or something similar. For .tr extensions, the Internet Domain Names Regulation and the Communiqué issued under it apply.
The first task is to obtain the registration details with a date. For generic extensions, ICANN's registration data lookup tool shows the domain name's registrar and its registration and expiry dates; the holder's identity is often masked by a privacy service. For .tr domain names, the lookup is done through TRABİS. Comparing the registration date with the filing and use dates of your trademark shows the strength of the case from the outset.
What Are the Three UDRP Conditions?
Under the UDRP, the complainant must prove that all three conditions are met. Under paragraph 4(a) of the Policy:
- The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
- The domain name holder has no rights or legitimate interests in respect of the domain name.
- The domain name has been registered and is being used in bad faith.
The third condition is conjunctive: bad faith is required both at registration and in use. So if the domain name was registered before your trademark rights arose, showing bad faith at registration becomes difficult.
Paragraph 4(b) of the Policy lists, without being exhaustive, circumstances indicating bad faith: acquiring the domain name to sell it to the trademark owner or a competitor for more than documented out-of-pocket costs; registering it to prevent the trademark owner from reflecting the mark in a domain name (provided this conduct forms a pattern); registering it to disrupt a competitor's business; and attracting users to one's own site for commercial gain by creating confusion.
The domain name holder, in turn, can show a legitimate interest through the circumstances in paragraph 4(c): use in a bona fide offering of goods or services before the dispute, or demonstrable preparations for such use; being commonly known by the name; or legitimate noncommercial or fair use without intent for commercial gain.
How Does the WIPO Process Work, and What Does It Cost?
UDRP complaints are filed with one of the providers approved by ICANN; the best known is the WIPO Arbitration and Mediation Center. The complaint is submitted by filling in WIPO's model complaint form and sending it by email or through the online form, and it is not processed until the fee is paid.
According to WIPO's own explanation, absent procedural issues, the process is normally completed within two months of WIPO receiving the complaint. The domain name holder has 20 days from the start of the proceeding to respond and can request an automatic 4-day extension. Except in exceptional circumstances, the panel issues its decision within 14 days of its appointment. The language of the proceeding is, as a rule, the language of the registration agreement; the panel may decide otherwise depending on the circumstances.
WIPO's UDRP fee schedule, checked on September 30, 2026:
| Number of domain names | Single panelist | Three panelists |
|---|---|---|
| 1–5 | USD 1,500 | USD 4,000 |
| 6–10 | USD 2,000 | USD 5,000 |
| More than 10 | To be decided with WIPO | To be decided with WIPO |
For cases with up to five domain names and a single panelist, the expedited process, which targets one month from commencement to notification of the decision, costs USD 4,000. If the complaint is withdrawn before it is notified to the other side, WIPO retains USD 100; if withdrawn before the panel is appointed, it retains USD 500; no refund is made after the panel is appointed (for 1–5 domain names). As a rule, the complainant pays the fee; if the domain name holder requests three panelists, the fee is split between the two parties. Current amounts should be checked on WIPO's fee page.
The panel can only order transfer or cancellation of the domain name, or deny the complaint; it cannot award money or legal costs. If it concludes that the complaint was brought in bad faith, it says so in its decision as "Reverse Domain Name Hijacking".
The Dispute Resolution Route for .tr Domain Names
For .tr domain names, disputes are heard before licensed dispute resolution service providers (UÇHS). TRABİS's current list includes three providers: the Information Technologies and Internet Security Association (BTİDER), the TOBBUYUM Mediation and Dispute Resolution Center, and the Istanbul Arbitration Centre (ISTAC). Under Law No. 7590, authority over domain name administration was transferred in 2026 to the Cyber Security Directorate.
Article 25 of the Internet Domain Names Regulation requires three conditions together: the domain name is identical or similar to a trademark, trade name, business name or other distinguishing sign that is owned or used in trade; the person who had the domain name allocated has no legal right or connection concerning it; and the domain name was allocated or is being used in bad faith. There are two important differences from the UDRP: the basis is not limited to trademarks, and bad faith in either the allocation or the use is sufficient.
For .tr allocations that do not require documents, the "first come, first served" rule applies (Regulation Art. 8(2)); in other words, being the first to apply for the domain name is not unlawful in itself, and the dispute route only works if all three conditions are met. Article 19 of the Communiqué lists indicators of bad faith much like the UDRP: acquiring the domain name to sell it to the rights holder or a competitor for more than the documented allocation and investment costs, preventing the rights holder from using its sign in a domain name, harming a commercial competitor's business, and diverting users for commercial gain by creating confusion. The list is not exhaustive; the arbitrator can find bad faith in other circumstances as well.
The complaint contains contact details, the domain name, the request for cancellation or transfer, a statement of reasons not exceeding five thousand words and all supporting documents. It must also state whether a complaint on the same matter has previously been filed with another provider or a court. Several domain names belonging to the same person can be combined in one complaint. If the complainant asked for a single arbitrator and the other side prefers a three-member panel, the other side pays the difference in fees; if it does not pay, the dispute is heard by a single arbitrator.
The Communiqué ties the process to short deadlines. Once the complaint is accepted, the domain name is frozen; the domain name holder is given 10 days to respond, and up to 10 additional days may be granted on request. After this stage, the arbitrator or panel issues a decision of cancellation, transfer or rejection within 15 days (with a 5-day extension if needed). Unless the parties agree otherwise, the proceeding is conducted in Turkish. The decision is implemented if no preliminary injunction is notified within 10 business days of its notification to the parties. Until the decision is notified, the complainant cannot file with another provider on the same matter, and the fee paid on filing is not refunded.
UDRP, the .tr Dispute Route and Litigation Compared
| Criterion | UDRP | .tr dispute route | Litigation |
|---|---|---|---|
| Scope | Generic extensions | .tr extensions | Any extension |
| Basis | Trademark rights | Trademark, trade name, business name | SMK, unfair competition |
| Bad faith | Registration and use | Allocation or use | Infringement criteria |
| Outcome | Cancellation or transfer | Cancellation or transfer | Transfer, damages, injunction |
| Speed | Normally 2 months | Short Communiqué deadlines | Longer |
When Is Going to Court the Better Choice?
SMK Art. 7(3)(d) lists among the acts that may be prohibited the use on the internet, in a manner that creates a commercial effect, of an identical or similar sign as a domain name by someone with no right or legitimate connection to it. On this basis, an infringement action can be brought before the Civil Court of Intellectual and Industrial Property Rights under the Industrial Property Law No. 6769 (SMK); you can ask for the infringement to be stopped and for pecuniary and non-pecuniary damages (Art. 149), and request a preliminary injunction (Art. 159).
Litigation usually comes to the fore when you have a damages claim, when content published on the domain name also infringes your trademark separately, when bad faith is unlikely to meet the UDRP's conjunctive requirement, or when the parties have other disputes, such as a contract or a former partnership. If the registrant is abroad, however, service of process and enforcement of the judgment make litigation harder. If the domain name is also used together with your trademark in search ads, our guide to trademark use in Google Ads covers that side.
The Risks of Negotiating a Purchase
Buying the domain name is sometimes the fastest solution, but the negotiation itself affects the case. Making the first offer under your own name can drive the price up; intermediaries or anonymous channels reduce that risk.
The other side asking for more than its documented costs is one of the bad-faith indicators listed in the UDRP and in the .tr Communiqué. So keep all correspondence and state that you reserve your rights. If you will pay, choose a method that secures completion of the transfer; the domain name not being transferred after payment is a common problem. Weigh the fact that buying may encourage similar registrations against the time the legal route takes; for the similarity of the patterns, see also our article on bad-faith trademark filings.
An Evidence File Before You File
On both routes, the decision is made on the papers, so the strength of the complaint lies in the evidence.
- Registration data: The registrar, registration date and expiry date; a dated lookup printout.
- Site content: Screen recordings, with the date visible, of the pages published on the domain name; a for-sale notice, a parking page, ad links or redirects to competing products.
- Historical records: Past snapshots in internet archive services, showing how the domain name has been used over the years.
- Email use: If fake emails were sent to your customers from the domain name, samples and their header information.
- Proof of rights: Trademark registration records, the list of goods and services, the trade name, and evidence of use showing reputation.
- Correspondence: Offers to sell and all other contacts.
A Fictional Example: Kavrak Makine
A fictional example: Kavrak Makine, whose "Kavrak" trademark is registered in Turkey for industrial machinery, notices that kavrak.com and kavrak.com.tr have been registered by someone else. The two domain names fall under two different routes.
kavrak.com was registered a few years after the trademark and points to a parking page showing ads from competing machinery manufacturers; the page also carries a "for sale" notice. With these records, Kavrak files a single-panelist UDRP complaint with WIPO. kavrak.com.tr, on the other hand, shows a blank page, but its holder has sent Kavrak an offer to sell it at a high price. Kavrak files a complaint about this domain name with a UÇHS on the TRABİS list; since bad-faith allocation alone is sufficient in the .tr system, the correspondence about the offer becomes the core of the case.
Common Mistakes
- Mixing up the route for the extension. A UDRP complaint to WIPO cannot be filed for a .com.tr domain; the .tr system has its own providers.
- Filing without evidence of bad faith. Similarity alone is not enough; if the other side has a legitimate use, the complaint is denied.
- Waiting for the domain name to expire. An expired domain name is often re-registered, and the evidence starts from zero.
- Expecting damages from the UDRP. A panel cannot award money; that claim requires a lawsuit.
- Not tracking the terms of your own domain names. .tr domain names are allocated for at least one and at most five years at a time; the registrar sends an email notice at least three months before expiry. If the notice goes to an address belonging to a former employee, the disputed domain name may one day be one you have lost.
If you are choosing a new brand or product name, searching domain names and trademarks together prevents most of these disputes; the difference between a domain name and a trademark registration explains the basis of that planning. When acquiring a company, whose name the target's domain names are registered in is also one of the items in IP due diligence.
To determine which route fits your domain name dispute, prepare the evidence and, if necessary, run the lawsuit, Webx's legal protection service assesses the process from start to finish; the outcome depends on the evidence and the discretion of the decision-maker.
Sources
- ICANN — Uniform Domain Name Dispute Resolution Policy (para. 4(a) three conditions, 4(b) bad faith, 4(c) legitimate interests, 4(i) remedies, 4(k) court proceedings)
- WIPO Arbitration and Mediation Center — Guide to WIPO Domain Name Dispute Resolution (timelines, language, outcomes)
- WIPO — Schedule of Fees under the UDRP (checked 09/30/2026)
- Legislation Information System — Internet Domain Names Regulation (Art. 8, 23, 25, 27, 28)
- Legislation Information System — Communiqué on the Internet Domain Names Dispute Resolution Mechanism (Art. 7, 9, 14, 15, 19)
- TRABİS — Dispute Resolution Service Providers (current UÇHS list)
- Legislation Information System — Industrial Property Law No. 6769 (SMK) (Art. 7(3)(d), 149, 159)
