TM creation date VS Domain registration date

[hargarn]

Hi all. I'm fully aware of the 3 items that must be satisfied in order for a UDRP complainant to have a chance of winning a case. One of the items that gets reviewed is the TM creation date vs a domain registration date. If a domain is registered before a TM was created, then the TM holder essentially has fewer grounds to claim it under a UDRP. However, if the same domain shifted registrars AND owners after the TM was created, does this then re-create the basis for which a TM owner can UDRP a domain?

 

[branding]

However, if the same domain shifted registrars AND owners after the TM was created, does this then re-create the basis for which a TM owner can UDRP a domain?

Yes. Depending on various factors. @jberryhill addressed this before but I don't have the link at hand. search the forum and I'm sure it'll pop up.

 

[jberryhill]

second paragraph.

https://www.wipo.int/amc/en/domains/search/overview3.0/#item38

 

[Jimmysun]

What about those ngtlds? many ngltds such like .xyz .online were created after 2014, can TM owners UDRP domains if they had TM before 2014?

 

[jberryhill]

can TM owners UDRP domains if they had TM before 2014?

Certainly.