The domain name holder is responsible for making sure that the domain name they have registered is lawful. If someone makes a removal claim, the lawfulness is assessed retrospectively. By making a removal claim, you can request the domain name infringing your protected name or trademark to be removed from the register and transferred to you.
How to make a removal claim
You can make a removal claim if a domain name infringes your protected name or trademark. In the same connection, you can request the domain name to be transferred to you. Please check that your name or trademark has been registered before the domain name subject to your claim. Otherwise your claim will not be successful.
The removal claim may only be based on an unregistered name or trademark when the name or trademark is clearly established . In such cases, the name or trademark must be exceptionally well known.
Make the claim to remove an fi-domain name in writing. Describe the reasons for your claim with as much detail as possible. Send the claim to Traficom using the removal claim form either in Finnish or in Swedish. Please find here the removal claim form in Finnish and the removal claim form in Swedish .
Traficom handles removal claims only in Finnish and Swedish, proceedings are free of charge. Traficom does not translate any claims made in other languages. The claiming party is responsible for any translations. Customer service answers emails and telephone calls in English.
The claiming party can withdraw the claim at any time. If the parties to the dispute reach an amicable agreement, the claiming party must withdraw its claim to terminate the proceedings. The party can withdraw the claim by sending an informal email to Traficom.
Removal claim procedure at Traficom
Hearing of the parties and examination of evidence
Traficom issues a decision open to appeal
Commencement of removal claim procedure
Traficom informs the holder of instituting the removal claim procedure by email and places the domain name in “Transfer denied” status for the duration of the procedure. The status prevents the transfer of the domain name to another holder. Besides that, the domain name functions normally and the status does not affect the functioning of any websites or email services. Note that a domain name can expire during the procedure.
Hearing and examination
If the removal claim:
- is manifestly without grounds, it is rejected without hearing the domain name holder. The rejection is notified to the domain name holder.
- requires the hearing of the domain name holder, Traficom sends the holder a request for clarification by email.
The party involved must submit the clarification in two weeks. Under the Administrative Procedure Act, this period may be extended at the party’s request. There may be multiple hearings, if necessary.
Decision and appeal
You can appeal the decision on an fi-domain name to the Market Court. You must make the appeal in writing within 30 days of receiving the decision. The decisions are usually sent by email and they are deemed to have been received on the third day from sending the email. The date of notice is not included in the appeal period. Each decision comes with detailed instructions on how and when you can appeal the decision.