Making a removal claim

FICORA's activities do not include prior monitoring of trademark right holders' rights. If the holder of a protected name or trademark considers that the registration of an fi-domain name has violated its rights, the holder must take initiative to request the domain name to be removed and registered to the right holder.

The holder of an fi-domain name is responsible for ensuring that its domain name registration is lawful. The lawfulness of domain name registrations is assessed only afterwards if a revocation claim becomes pending.

Before making a claim

  • Only the holder of the protected name or trademark can request a domain name to be removed from the register.
  • Check whether you have registered your name or trademark before the domain name subject to your claim was registered. Legislation protects only such names and trademarks which have been registered before the registration of the domain name. In accordance with the time priority rule, the protection of registered names and trademarks begins when the registration application has become pending, and no changes have been made to it later.
  • If you intend to submit in your claim that the name or trademark is established, read through the materials in Protected name or trademark
  • FICORA handles claims concerning the removal of fi-domain names in Finnish and in Swedish. FICORA does not translate claims made in other languages. The party making the claim is responsible for any translations before submitting the claim to FICORA. FICORA's customer service provides assistance also in English by email or telephone.
  • The removal claim must be made in writing. Submit the claim to FICORA by using the removal claim form.

Removal claim form (in Finnish)

Procedure

Once the removal claim is pending at FICORA, FICORA sends an email notification to the holder that has registered the fi-domain name and sets the domain name in "Transfer denied" status whilst the claim is being processed. This status prevents the domain name from being transferred to another holder.

An application for a transfer is not processed, if a decision on domain name removal is pending with FICORA. Otherwise the domain name may be used normally and the status does not affect the operation of any websites or email services. Any pending removal claims or decisions yet to be enforced do not affect the expiration of the validity of the domain name.

Clarification and hearing

If the removal claim

  • is manifestly unfounded, FICORA rejects it without hearing the registered domain name holder. FICORA notifies the holder about the decision.
  • requires the registered domain name holder to be heard, FICORA sends the holder a request for clarification by email.

The clarification requested by FICORA must be submitted within two weeks. The deadline may be extended under the Administrative Procedure Act at the party's request.

FICORA

  1. hears the parties
  2. handles the matter
  3. issues an appealable decision after receiving sufficient clarifications.

Decision and appeal

The parties will be informed of FICORA's decision by email. FICORA’s decision may be appealed to the Market Court. It should be noted that the decision will enter into force regardless of the appeal immediately after the notification unless otherwise ordered by the Market Court.

If the parties to the dispute reach an amicable settlement, the claiming party must withdraw its claim, after which the case can be dismissed. A claim may be withdrawn by simply sending an email to FICORA. If necessary, FICORA provides assistance in the matter.

Hearing and notification via email

Documents or decisions related to domain names may in any case be issued by email to the address provided to FICORA by the party concerned or by the registrar representing the party (so called address for service).

In such case the decision or other document is deemed to have been received on the third day from sending the message, unless provided otherwise.

Key words: Internet , Dispute resolution , Domain names , Removal claim , Decisions , Notifications , Forms

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