Revocation of Domain Names and Ownership of the Domain Name.
Revocation of Domain Names
Is it possible to file an opposition for a Domain Name in Chile?
No. Starting on December 1, 2013, it is no longer possible to file oppositions against Domain names in Chile, and it shall be necessary to begin a formal trial for revocation (cancellation).
Who can file a revocation for a Domain Name in Chile?
Every natural or legal person who considers that their rights have been affected by the registration of a domain name shall begin a formal trial of arbitral nature in order to obtain a revocation of a domain name.
How does this procedure (revocation) start?
When a domain name is registered, it will be published by NIC CHILE in a list of “registered domain names” for 30 days. Within this term, any person who considers that their rights have been affected could file a revocation action before NIC CHILE via electronic, paying the respective fee.
Once the fee for the revocation application has been paid, the beginning of the procedure of the controversy resolution shall be notified, and from that moment onwards the filing of other revocation applications for the same domain name shall not be accepted until the resolution process of the controversy is concluded, only if the revocation filed was based in bad faith (which will be analyzed afterwards). In that case, the domain name will be blocked until the revocation procedure is concluded.
If the application for revocation is filed within a publication term of 30 days, the revoker shall be able to do it by invoking a preferential interest, along with the other revocation actions that have been filed within the 30 days of the publication.
If the application for revocation is filed after the publication term has expired, the revoker shall prove that this relates to an abusive registration, which shall be considered as such when three conditions established by law are met:
The domain name is identical or deceptively similar to a name by which the claimer is known or to a trademark or expression respect to which the claimer claims to have previous rights;
The assignee of the domain name is not entitled to legitimate rights or interests with respect to the domain name; and
The domain name has been registered or used in bad faith.
How can I confirm that the domain name has been abusively registered and in bad faith?
When the assignee has registered the domain name in order to sell it, rent it or else transfer the registration of the domain name to the claimer or his competition, wherein the claimer is the owner of the trademark of the good or service; or
When the domain name has been registered in order to prevent the owner of the trademark of the product or service from reflecting the trademark in the corresponding domain name as long as this pattern of conduct has been established on the part of the assignee of the domain name; or
When the domain name has been registered or used to the predominant end of disturbing or affecting the business of the competition; or
When the assignee using the domain name has attempted to appeal with commercial intention internet users to his website or to any other online site thus creating confusion with regard to the claimer’s trademark.
How can I confirm that the domain name has NOT been abusively registered and in bad faith?
When the assignee of the domain name proves that he is using or making preparations in order to use it with the authentic intention of offering products or services under said domain name; or
When the assignee of the domain name is commonly known by said name even though he is not the owner of a registered trademark with said name; or
When the assignee is making legitimate non-commercial use of the domain name (“fair use” without the intention of obtaining a commercial profit and not with the intention of confusing consumers.
Ownership of the Domain Name
Who can be the owner of a domain name in Chile?
Any natural or legal person, national or foreigner.
The owners shall inform NIC Chile about an electronic address for submitting all the necessary communication and additionally could indicate if it is desired to make use of this option, a valid identification number in CHILE (national identification number or taxpayer number).
In the case of foreigners, an equivalent document issued by a public authority in their respective country shall be accepted.
And for the registration application of a domain.cl by a foreigner it shall no longer be necessary to have a representative or intermediary domiciled in Chile, but he will be able to do it directly through a user account of the registration and management system of NIC CHILE’s domains.
Is the change of ownership the same as the domain transfer?
Yes. The change of ownership is the procedure that replaced the Domain Transfer in the new modification to the policies of Domain Names.
This procedure starts with the administrative contact of the domain by which the domain name is transferred to another owner.
This includes the modification of the owner’s identification:
Name or corporate name, electronic address and identification document in case the latter has been informed.
This will take place as long as the change of ownership is not blocked.
For domain names registered before December 1, 2013, it shall be necessary for the current owner to start the procedure by completing the form available at NIC Chile’s website.
It is necessary to attach copy of the current owner’s identification number, the data of the new owner and the electronic address identifying the user’s account of the future administrative contact, among others.
Is a domain name the same as a registered mark?
No. The registration process of a trademark is completely different to the domain name registration.
A same trademark can be registered by more than one company if said companies belong to different fields or geographical areas.
In turn, under the domain.cl, each name can be only assigned to a sole applicant.
Although trademarks and domain names are different, the use of a domain name can enter into conflict with a registered trademark.
Is it compulsory to register under the domain.cl in order to have more presence from Chile?
No, it is just the most usual domain.
There are domains like .com (commercial), net (nets), etc. in which registrations are accepted from any place in the world.