Mikhailyuk, Sorokolat & Partners

Patent and Trademark Attorneys

New Domain Name Dispute Resolution Policy in force in Ukraine

New Domain Name Dispute Resolution Policy in force in Ukraine January 14, 2020

New Domain Name Dispute Resolution Policy in force in Ukraine

The .UA Domain Name Dispute Resolution Policy has entered into force for the third-level domains .COM.UA since December 19, 2019. In this regard, third parties whose rights are violated by a domain name .COM.UA may start administrative proceedings by submitting a corresponding application to the Arbitration Center of the World Intellectual Property Organization, if there are the following grounds:

  • The domain name is identical or confusingly similar to a registered trademark of the complainant.
  • The domain name registrant has no rights or legal reasons to use the domain.
  • The domain name is registered or used in bad faith.

During administrative proceedings, evidence of each of the above points lies with the complainant, who must file a lawsuit online with all the arguments and necessary annexes, according to the Rules of the .UA Domain Name Dispute Resolution Policy.

After the receipt of all the necessary documents, a Commission is appointed which considers the case and makes a decision. If the parties resolve the dispute before the Commission makes a decision regarding the case, the parties must notify the WIPO Center, after that the administrative proceedings are suspended. If such notifications have not been received, the Commission sends its decision as to the case to the WIPO Center that notifies the parties, the .UA Administrator of the public domain name and the corresponding .UA Registrar about it. After that, the relevant .UA Registrar is bound to comply with the Commission's decision in accordance with the UA-DRP.

If you have any further questions regarding the trademark rights protection in the Internet or offline, our specialists will be glad to provide you with the qualified support. You may contact us in any way convenient for you.