LEGAL ASSESSMENT

How Is Your Right in a Domain Name Protected?

A domain name resembling your trademark does not automatically mean that it will be transferred to you. The extension of the domain name, the registration and transfer dates, your rights, and the other party’s use and legitimate connection are examined together. A site that imitates a trademark and redirects customers is not the same dispute as the return of a company domain name that an agency registered in its own name.

The dispute resolution mechanism under .tr and the UDRP, which can be applied to extensions such as .com, rest on different rules. Güneş & Güneş Law Firm prepares filings or defenses for trademark owners, businesses, domain name holders and digital service providers. At the first consultation, we clarify the domain name, the documents showing ownership of rights, the registration history and the result sought.

SCOPE OF SERVICES

Representation in Domain Name and Digital Brand Disputes

Review the heading that fits your need. The work to be undertaken is determined by assessing the documents and the circumstances of the file.

.tr Domain Name Filings

In domain name disputes under TRABİS, we examine the filing requirements, the initial allocation date and later transaction dates. The request is prepared before the appropriate dispute resolution service provider.

Review of similarity, right or connection, and bad faith
Determining whether a transfer or a cancellation is requested

UDRP Filings

For domain names to which the Uniform Domain Name Dispute Resolution Policy applies, we prepare the file under that policy. The requirements of trademark right, legitimate interest and bad faith are addressed with separate evidence.

Assessment of WIPO or another appropriate authorized provider
Preparation of language, party and additional documents

Imitation Sites and Misleading Addresses

We examine addresses resembling the spelling of the trademark, imitation sales sites and uses that redirect customers to another business. We link the domain name request with the other legal routes concerning the site.

Confusion and redirection records
Necessary notifications to the registrar and platforms

Domain Name Disputes with an Agency or Employee

Where a domain name obtained for a company appears in the name of an agency, employee or former shareholder, we examine the contract, payment and instruction records. The basis for a request for return or transfer is determined.

In whose name and for what purpose the registration was made
Contract-based delivery and return claims

Trademark and Unfair Competition Actions

We assess whether the use of a domain name constitutes trademark infringement or unfair competition. For claims that go beyond the scope of the special resolution mechanism, the appropriate court route is reviewed.

Cessation of the infringement and, if the conditions are met, compensation
Determining subject-matter and territorial jurisdiction and preliminary application requirements

Defense of the Domain Name Holder

For a domain name holder against whom a complaint has been filed, we examine prior use, legitimate activity, the relationship with the trademark and the registration dates. A defense is prepared in files where an allegation of similarity alone is not sufficient.

Documents showing activity and preparations for use
Submitting responses on procedure and on the merits

Negotiation and Transfer Agreements

In domain name sale or settlement negotiations, we document the scope of the transfer, the flow of payment and the completion of the transaction. Other elements thought to be transferred together with the domain name are clarified in the agreement.

Payment and transfer terms
Account authorizations, separation of site and content

Preparation of Digital Records

We organize domain name registration information, dated site captures, advertisements, correspondence and records of customer confusion. We keep the need for technical determination separate from the legal assessment.

RDAP/WHOIS and accessible historical records
Preparation for preservation of evidence in appropriate cases

Enforcement of the Decision and Follow-up of the Transfer

We follow the enforceability of the decision given, notifications and the registrar stage. The web and email migration after the registration of the domain name changes is coordinated with the technical staff responsible.

Calendar of post-decision filings and notifications
Record of the authorizations delivered and of the scope

BEFORE DECIDING

Distinctions Among the UÇM, the UDRP and Court Routes

The right route is not chosen by looking at the extension alone. The right relied on, the other party’s connection, past transactions and the result sought are also decisive.

The UÇM for .tr

In the mechanism under TRABİS, identity or similarity with an identifying sign, the domain name holder’s lack of a legal right or connection, and bad-faith allocation or use are assessed together. Trade names and business names may also be the subject of the review. The filing is conducted before the authorized dispute resolution service provider (UÇHS).

Different Conditions for the UDRP

The UDRP calls for identity or confusing similarity with a trademark or service mark right, the absence of rights or legitimate interests, and bad-faith registration and use. The distinction between “or” in the UÇM and “and” in the UDRP is important. It is not assumed that the UDRP will apply to every extension other than .tr.

A Trademark Registration Alone Does Not Secure a Transfer

A trademark certificate does not automatically give all extensions of a domain name. The time of registration, the time the rights arose and the other party’s activities are examined. It should not be thought that an earlier domain name can be automatically taken over with a trademark registration obtained later.

Transfer Request and Compensation

Special resolution routes for domain names and claims before a court are separate. The main outcomes that may be granted in favor of the applicant under the UDRP are cancellation or transfer; monetary compensation is not awarded. For remedying damage, stopping other infringements or claims arising from a contract, the appropriate legal route is assessed separately.

Domain Name, Site and Trademark Are Separate

The transfer of the domain name registration does not mean that the site code, content, customer data, hosting service or trademark right is also transferred. The subject of the delivery and the technical access authorizations should be stated clearly; the transfer of one asset should not presume a right concerning another.

Dates, Notification and Enforcement

Initial allocation, renewal and transfer dates and transitional provisions are checked separately, especially for old .tr registrations. Notification of the complaint, the response period and the possibility of applying to a court after the decision are followed according to the regime chosen. An arbitrator’s decision does not mean immediate transfer in every case.

OUR APPROACH

Our Approach in Domain Name Disputes

We begin the review by comparing the right with the registration history. The trademark application date, commercial use, the first registration of the domain name and, if any, its change of hands are addressed in the same chronology. A domain name appearing empty, redirecting to a parking page or being offered for sale is not accepted as a conclusive result by itself; what this situation means is investigated together with the other records in the file.

In preparing the filing, we also examine the defenses the domain name holder may raise: legitimate activity, prior use, name similarity and authority arising from a contract. Particularly in relationships with former agencies, dealers and shareholders, we determine the real source of the dispute and frame the appropriate request. In this way, the protection of the trademark is not confused with the need for delivery or settlement of accounts between the parties. The purpose of the filing, the opposing allegations and the steps that can be taken after the decision are explained to the client.

Review of the Domain Name and the Rights
The extension, the registrant, the accessible registration history and the trademark or trade name documents relied on are compared. It is determined whether the request is a transfer, a cessation of use, compensation or performance of a contract.
Preparation of Use Records and Evidence
Site captures, redirections, sale offers and correspondence are organized. Records are preserved unaltered; the need for technical examination or preservation of evidence is assessed. Care is taken that the necessary documents are obtained lawfully.
Determining the Route and Scope
The purpose and limits of the options of negotiation, the UÇM, the UDRP or a court action are explained. Acceptance of the matter, fee, language, representation and technical coordination scope are clarified; the necessary preliminary application requirements are examined.
Conducting the Filing or the Defense
A reasoned request or response is prepared; the procedures before the relevant provider or court are followed. New records and allegations are assessed with the client, and notifications in the process are monitored.
Decision, Transfer and Subsequent Steps
The scope of the decision and the conditions of its enforcement are explained. The necessary notification, court application or transfer procedure is followed. The domain name registration and the delivery of the other digital assets are checked separately.

PREPARING FOR THE FIRST CONSULTATION

Preparing for a Domain Name Dispute Consultation

A short summary of the matter is enough for the first inquiry. Detailed documents are requested through a secure channel once the scope of the review has been determined.

What you can prepare at the start

The exact spelling of the disputed domain name, its extension and, if any, the internet addresses it redirects to.
Trademark registration or application details; trade name, business name and documents showing ownership of rights.
Dated site captures, accessible domain name records and a short chronology of events.
Related correspondence with the other party, the agency, an employee or the registrar.

What may be requested depending on the file

Payment documents and instructions given for the acquisition or renewal of the domain name.
Agency, software, distribution, license, shareholder or transfer agreements.
Lawful records supporting customer confusion, redirection and the allegation of damage.
Existing complaints, decisions and notification documents. The domain name account password, transfer code or two-factor verification code should not be sent with the first inquiry.

Confidentiality of your information

The information and documents you share are used, within the framework of the attorney’s professional secrecy and the principles of personal data protection, only for legal assessment and for carrying out the work undertaken. Do not send passwords, access codes or unnecessary identity information. For sensitive documents, use the secure sharing method that our office will specify.

Statement on confidentiality and information security

REPRESENTATION AND COMMUNICATION

Domain Name Dispute Services Based in Antalya and Serving All of Türkiye

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, assesses the rights and defenses of trademark owners, businesses and domain name holders throughout Türkiye. The extension of the domain name, the registration and use history, earlier rights and the intended action are addressed together.

Where a foreign registrar, an international domain name policy or a lawsuit to be conducted in another country is involved, the relevant processes are planned separately. The scope of legal representation in Türkiye and of the work to be undertaken by an attorney authorized in the foreign country is determined. Communication in Turkish, English, German and Russian is possible.

Fees and Filing Costs

The attorney’s fee is determined according to the scope of advisory work, complaint, response, negotiation and litigation. Dispute resolution service provider, arbitrator, translation and litigation costs are explained separately. Using more than one domain name or different regimes together may change the scope.

Notification and Renewal Dates

A complaint that has been notified, an approaching domain name renewal or a transaction date communicated by the registrar should be stated at first contact. The dispute process, the renewal of the domain name and the business’s need for access are planned separately.

Responsibility for Technical Implementation

Moving the domain name technically, rebuilding the site or resolving a cyber incident is not automatically part of legal representation. After a decision or agreement, the tasks to be undertaken by the registrar, the technical team and the attorney are specified clearly.

FREQUENTLY ASKED QUESTIONS

Questions About Domain Name Disputes

The answers are general information. The route and conditions that apply to your request are assessed on the basis of specific information and documents.

If my trademark is not registered, am I unable to make any claim at all?

That conclusion cannot be drawn outright. Rights based on use, the trade name and other identifying signs, and the conditions of the mechanism to be chosen are examined. For the UDRP, a right in the nature of a trademark must be shown with concrete evidence.

Is the person who registered the domain name before me right in every case?

Registering first is an important data point, but it does not resolve all disputes by itself. The time the right arose, the relationship between the parties, the purpose of the registration and the later use are assessed together.

Is bad faith proven if the domain name is empty or for sale?

No. An empty page, a parking service or a sale listing does not by itself produce an automatic result. The requested price, the nature of the trademark, the parties’ knowledge and other usage records are examined together.

Can action be taken against a domain name that differs by only one letter?

An address created with a spelling difference may create a risk of confusion. However, the other conditions must also be explained in the filing; the smallness of the letter difference does not by itself mean a transfer decision.

Can we obtain our domain name registered in an agency’s name through the UDRP?

It is first examined whether the dispute is a contract-based delivery dispute. Because of the authority given to the agency and the purpose at the time of registration, the conditions of the special mechanism may not be met; a contract-based claim or lawsuit may be necessary.

Is a filing impossible if the domain name holder is hidden?

No. The fact that registration details are not publicly visible does not by itself close the way to seeking a remedy. The procedure for determining the party’s information through the registrar, the dispute resolution service provider or the competent authority is examined.

Does buying the other party’s domain name mean giving up my rights?

It depends on the content of the agreement. Transfer, price, release, other addresses and continuing claims must be regulated clearly. The mere completion of the transfer may not mean that all disputes have been resolved.

If a complaint has been filed against me, should I give up the domain name immediately?

The complaint, the notification and the registration details should be examined first. Legitimate use and earlier rights may be a subject of defense. The complaint should not be left unanswered; while the complaint is pending, restrictions on changing or transferring the registration should also be checked.

Does taking over the domain name end the imitation site completely?

Control over the relevant address may change; however, the site may be moved to another address or other accounts may be used. Separate action may be necessary for content and conduct other than the domain name taken over.

Should I renew my domain name while the filing is pending?

Renewal and dispute procedures should be assessed separately. One should not act in reliance on the domain name expiring; the registrar’s notification, its agreement and the status of the current dispute should be examined together.

Is the UDRP a court action or classical arbitration?

The UDRP is a special administrative dispute resolution procedure based on the registration relationship. It is not the same as an action before a state court or as classical arbitration that decides every kind of compensation; the possibility of applying to a court is preserved under its own conditions.

RELATED SERVICES AND LEGAL BASIS

Find Information Related to Your Matter

Technology, Data, Intellectual Property and Media

Official legal sources

The sources used in preparing this text were reviewed on October 4, 2026. A review of sources does not replace a legal opinion tailored to the individual.

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Please share your request, a short summary of the facts and, if any, the date of an upcoming step. At the first consultation, which documents will be reviewed and which legal routes will be considered is clarified.

Subject of the inquiry: Domain Name Disputes and Digital Brand Protection

Request a Consultation on a Domain Name Request an Appointment

First response: within 48 hours at the latest. This period is not the time in which the legal review is completed or the matter is concluded.

Submitting an inquiry does not mean that an attorney–client relationship has been established or that monitoring of the file and its time limits has been taken on. The consultation fee is communicated in advance.

Domain Name Disputes and Digital Brand Protection