Someone registered a .in domain name identical to my trademark, how do I get it transferred?

Question

A cybersquatter has registered a domain matching my registered trademark and is trying to sell it back to me at a high price. Specifically, I want to know how .IN Domain Name Dispute Resolution Policy (INDRP) applies to a situation like mine and what the cyber law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

Someone registered a .in domain name identical to my trademark, how do I get it transferred? is governed in India primarily by .IN Domain Name Dispute Resolution Policy (INDRP), Trade Marks Act, 1999 – Section 29 and Information Technology Act, 2000 – Section 43. Outcomes in indrp domain dispute disputes depend heavily on documentation, so check what you can actually evidence as you read.

For .in and .co.in domains, the INDRP administered by NIXI (National Internet Exchange of India) allows a trademark owner to file a complaint before a sole arbitrator to have the domain transferred or cancelled.

You must prove the domain is identical/confusingly similar to your trademark, the registrant has no legitimate interest in it, and it was registered/used in bad faith — classic cybersquatting indicators like an offer to sell above cost.

For generic top-level domains (.com, .org) the equivalent mechanism is the UDRP administered by WIPO or other ICANN-approved providers, following similar three-part criteria.

In parallel, a civil suit for trademark infringement/passing off under Section 29 of the Trade Marks Act can seek an injunction and damages, especially where the squatter is actively using the domain to divert customers.

INDRP proceedings are typically faster (60-90 days) and cheaper than civil litigation, making them the preferred first step for straightforward cybersquatting cases.

What this means for you: 1) Gather proof of your trademark registration and the squatter's bad-faith registration/use; 2) File an INDRP complaint with NIXI (or UDRP with WIPO for gTLDs); 3) Simultaneously consider a civil suit for infringement if damages are sought; 4) Preserve WHOIS records and any sale offer communications as evidence.

Where the facts are disputed, what usually decides a indrp domain dispute matter is the paper trail — dated complaints, acknowledgments and written replies under .IN Domain Name Dispute Resolution Policy (INDRP). You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.