Acceptable reason for registering an fi-domain name
Domain name legislation or related preparatory materials do not provide an exhaustive definition for an acceptable reason. FICORA considers each case separately and has established the following interpretations on their basis.
FICORA considers it to be an acceptable reason if the holder that has registered the domain name has held a registered name or trademark fully identical to the domain name at the time of registering the domain name.
The Supreme Administrative Court has stated that it is also an acceptable reason if the fi-domain name holder has held, at the time of registering the domain name, a registered name or trademark containing a word that has been registered as an fi-domain name (KHO 3 July 2006, archival record 1697, reg. no. 2923/2/05).
A hyphen (hyphen-minus) used for separating words in a protected name may be omitted when the name is used as an fi-domain name. Thus, a protected name containing a hyphen, which has been registered for the domain name holder before the registration of the domain name, is considered to be an acceptable reason.
A holder of a figurative mark can protect the trademark as an fi-domain name by applying for a domain name that corresponds to the textual part of the figurative mark. An acceptable reason for the domain name holder's right referred to in domain name legislation exists if the domain name is identical to the words in the figurative mark.
However, the textual part of a figurative mark is not necessarily such trademark identical to a domain name that could be considered a reason for removing the domain name from the register.
In accordance with the time priority rule, a trademark application that has become pending before the domain name was registered is also an acceptable reason for the domain name holder's right referred to in domain name legislation. If the registration of a trademark is not accepted or it is later removed from the register, a competing holder of a name or trademark may later request FICORA to remove the fi-domain name from the register.
The Helsinki Administrative Court has considered that (decision of 30 June 2005, reg. no. 05032/04/7506) the trademark holder is free to relinquish a trademark either completely or partially to another party. In this case, when a third party requested the fi-domain name to be revoked, the domain name holder presented a power of attorney stating that the holder of the trademark corresponding to the domain name gave its consent to use the domain name. The fact that the agreement on relinquishment had been made after the granting (registration) of the domain name was irrelevant in this case.