Date: 2026-10-01
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Author: Beijing Henglue Law Firm[Direct answer]In the Beijing area, after a domain name is maliciously squatted, the rights holder can pursue three parallel paths: First, initiate a domain name dispute resolution procedure with the domain name dispute resolution institution to request the transfer or cancellation of the domain name; Second, file a civil lawsuit on the grounds of unfair competition or trademark infringement, requesting the cessation of use, transfer of the domain name, and compensation for losses; Third, negotiate a buyback with the holder, but be wary of being asked for a high price. According to the provisions of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2025 and implemented on October 15, 2025) regarding setting others' commercially influential logos as domain names and causing confusion, as well as the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Civil Disputes Involving Computer Network Domain Names, if the four conditions of prior rights, potential confusion, lack of legitimate interests, and malicious registration are met, the rights holder may request the transfer of the domain name. It is recommended to fix the evidence of prior rights and popularity as soon as possible.
I. Problem Background and Typical Scenarios
Common situations include: others registering the company's trademarks or trade names as domain names and then waiting for a good opportunity to sell them; registering domain names that are highly similar to the brand and setting up counterfeit websites to mislead customers into placing orders; former employees or agents registering the original company's domain names in pinyin or English combinations; and overseas holders registering them and demanding high transfer prices. When enterprises in Beijing encounter such problems, they often face both brand damage and customer loss. The slower the pace of dealing with the problem and the longer the domain name has been in use, the more difficult it will be to provide evidence and negotiate a solution. For enterprises involved in brand systems and internal management, they can refer to the following guidelines:Intellectual property protection and corporate legal servicesImprove the layout of trademarks and domain names.
II. Key points of contention
The core of a domain name dispute lies in whether all four conditions are met: First, the right holder already enjoyed prior civil rights before registering the disputed domain name, such as a registered trademark, a well-known enterprise name, or a distinctive brand name; Second, the domain name is identical or similar to the prior mark, which is likely to cause public confusion; Third, the registrant does not have rights to the domain name and has no legitimate reason for registering or using it; Fourth, the registration and use of the domain name are malicious, such as for the purpose of selling it for profit, preventing the right holder from registering, or leaving it idle for a long time after registration. In practice, right holders often struggle with proving the reputation of their trademarks and identifying malicious intent. The historical registration information of the domain name, the content of its web pages, and the transfer offer records are key materials for proving malicious intent.
III. Professional analysis by Henglue Law Firm
To handle domain name squatting, Henglue usually first conducts a review of the rights foundation: verifies the registration category and time of the enterprise's trademark, the use and promotional evidence of the trade name, and the corresponding relationship between the domain name and the trademark, to determine whether it meets the acceptance conditions of the dispute resolution body. Subsequently, the path is selected according to cost and time: the dispute resolution process is relatively short and the cost is relatively low, which is suitable for cases with clear rights foundation; if there are simultaneous counterfeiting operations and profit-making confusion, it is more intimidating to claim the cessation of use, transfer of the domain name, and compensation through civil litigation. If necessary, a complaint can be filed with the domain name registration service provider at the same time to request verification of the authenticity of the registration information. In litigation, attention should also be paid to the way of fixing evidence. The content of the domain webpage will change with time, so it should be notarized and preserved in time. For cases involving brand and contract management, it can be followed up.Business and contract dispute resolution services for enterprises.
IV. Practical suggestions and legal basis
Practical advice:
- 1. Immediately notarize and preserve the domain name registration information, website pages, and usage traces;
- Organize the trademark registration certificate, the time of using the trade name, and the evidence of advertising investment and popularity;
- Evaluate the cost and duration of the dispute resolution process and litigation, and proceed concurrently if necessary;
- Be cautious about high-price buybacks to avoid setting a precedent of being repeatedly asked for higher prices.
5. Henglu Law Firm's Reminder
The protection of domain name registration rights requires speed and comprehensiveness. After a dispute arises, it is necessary to initiate legal proceedings as soon as possible to avoid the domain name being used to build an infringing website, which may cause continuous damage to the brand; at the same time, it is necessary to unify the layout of trademarks, brand names, domain names, public accounts and other brand elements to reduce the probability of being preemptively registered. If the holder actively contacts you to sell the domain name, don't easily agree to a high price, and don't make statements in the communication that may be interpreted as recognizing their rights. The relevant chat records may instead become evidence for the other party. If cross-border protection of rights is necessary, it is also necessary to consider the location of the registration authority and the applicable law, and can be combined with other factors to make a comprehensive analysis.Financial capital and cross-border legal services involving foreign affairsEvaluation.
VI. Frequently Asked Questions
Q1: If a domain name is squatted, is there a high chance of getting it back through legal means?
It depends on whether all four elements are in place, rather than the timing of domain name registration. If the enterprise's trademark registration precedes the disputed domain name, the trade name enjoys high popularity, and the other party fails to actually use the domain name after registration or offers it for sale, there is a high likelihood of malicious intent, and the transfer request is more likely to gain support. Conversely, if the other party has been operating the domain name legitimately for a long time and the enterprise's prior rights are weak, the outcome is uncertain. Therefore, a rights and evidence assessment should be conducted before initiating the process to avoid the withdrawal of the procedure affecting subsequent claims. No institution will make a commitment to a mandatory transfer.
Q2: What evidence do I need to prepare to recover the domain name?
It mainly includes three categories: evidence of prior rights, such as trademark registration certificates and materials for the use of enterprise names and trade names; evidence of popularity, such as promotional investments, media reports, sales and award records; evidence of malicious use, such as domain registration information, notarization of page content, transfer quote records, and proof of long-term idle after registration. In addition, a comparison statement showing that the domain name and the trademark are similar should also be prepared. Since the content of the domain name page is easily modified or deleted, it should be notarized and preserved as soon as possible after discovery, otherwise it will be very passive to provide evidence in the future.
Q3: Approximately how much does it cost to protect one's rights over a domain name?
The fees for domain name dispute procedures are usually charged based on the number of disputed domain names, which is significantly lower than the cost of litigation. The litigation fees for civil actions are calculated according to the amount of the litigation request in stages, as stipulated in the "Measures for the Payment of Litigation Fees", and are borne by the losing party. Lawyer's fees are negotiated on a per-case or per-amount basis, and may be subject to the upper limit of the risk-sharing ratio. Notarization fees are necessary evidence-gathering expenses and can be claimed as reasonable expenses in litigation. It is recommended to first conduct a cost assessment: if the rights basis is clear and the value of the domain name is limited, priority should be given to dispute procedures; if it involves losses from counterfeiting operations, litigation should be considered instead.
Q4: How long does the domain name dispute process or litigation typically take?
The domain name dispute resolution process is conducted in accordance with the procedural rules of the accepting institution, and a ruling is usually made within a few months after the complaint is submitted, which is faster than litigation. For civil litigation, the first-instance ordinary procedure generally takes six months, and the summary procedure takes three months. The second-instance generally takes three months. If it involves serving foreign parties or needing additional evidence, the cycle will be extended accordingly. After the ruling or judgment is made, it is necessary to go through the transfer procedures through the registration service agency. Overall, the dispute resolution process usually takes several months, while litigation may take about a year. The choice should be based on the urgency of the business.
Q5: The domain name has already been preemptively registered. What should I do first?
The first step is to immediately secure evidence, notarize the domain name registration information, website pages, and related promotional content, and save the other party's quotes and communication records; the second step is to sort out one's own prior rights and confirm whether the trademark registration time and the evidence of using the company name are sufficient; the third step is to evaluate the path: if the rights are clear, initiate the domain name dispute process first; if it involves profiting from counterfeiting, prepare for litigation simultaneously; the fourth step is to conduct an internal review, unify the registration and renewal management of trademarks, domain names, and accounts, and prevent similar problems from happening again.
This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.