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Domain name transfers are possible under the URS complaint procedure

April 18, 2017

The main objective of the Uniform Rapid Suspension System (URS) is to obtain the suspension of an infringing domain name. It is commonly known and accepted that Trademark owners who seek a domain name transfer must usually file a more expensive Uniform Domain Name Dispute Resolution Policy (UDRP) complaint.

However, even though the URS does not provide specifically for domain name transfers, in certain cases, this is possible.

Rule 16 of the URS states indeed that the Examiner shall terminate the proceedings should the parties agree on a settlement. Supplemental Rule 7 also provides for a stay of up to 45 days to enable the parties to negotiate or implement a settlement which may obviously include a transfer of the domain name to the trademark owner.

URS case files are not published. However, a certain number of complaints have been withdrawn and the infringing domain names are now in the name of trademarks owners. We may therefore assume in this case that the parties reached a settlement which included transferring the domain name to the trademark owner.

It should be noted however that only a small number of URS procedures have actually been withdrawn and not all withdrawals were the result of domain name transfers. Transfers as a result of URS procedures are therefore extremely rare and this procedure remains most effective as a means of obtaining a domain name suspension.

For more information, please contact us at info@iptwins.com

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