The CIRA Domain Name Dispute Resolution Policy (CDRP) is an administrative procedure set up by
If you are a business owner, organization, or an individual
If you decide to file a Complaint, please carefully read the information below.
The Complaint form will allow you to navigate between the Policy and the Resolution Rules. The Complaint form will limit the maximum number of words in your Complaint to 5,000 words for the first domain and up to 1,000 additional words for each additional domain in dispute.
To assist you with filing a Complaint, we have put together a non-exhaustive list of important aspects of the Policy administrative proceeding.
As a Complainant you:
1. Wish to challenge the Registrant’s registration of a .ca domain name (a “Domain Name”);
Note: What is usually called a Respondent in a matter such as this is referred to as a Registrant in CIRA’s materials
2. Must satisfy Canadian Presence Requirements (CPR) prior to filing the Complaint and continue to meet the CPR if you wish to have the Domain Name transferred to you. If you wish to use the provisions of #17 of the CPR conditions by demonstrating that the Complaint relates to a trade-mark registered in Canada with the Canadian Intellectual Property Office, you should note that this condition requires that for this condition to be operative, the Domain Name must consist of or include the exact word component of the trade-mark.
3. Have rights in a Mark prior to the date of registration of the Domain Name and continue to have such rights;
Note: A Mark may be a trade-mark, a
4. E
a. including a copy of
b. demonstrating your continued use of the Mark,
5. Identify the Registrar of record in respect of each Domain Name in dispute at the time the Complaint is submitted.
6. Include as a Schedule a copy of the Whois record which shows the Registrant’s ownership of the disputed Domain Name so that the Panel can see that the case is brought against the correct party.
7. In the case of multiple Complainants,
a. provide information for each Complainant;
b. demonstrate that the Complainants have a common grievance against the same Registrant, and include arguments and evidence to support the consolidation of the Complaints into a single Complaint.
8. Nominate up to five (5) candidates from our Panel to serve as panelists on your case.
Note: If the Registrant files a Response to your Complaint, your Complaint will be heard by a three-member Panel, Rule 6.4. In the event that no Response is submitted, you may convert the three-member Panel to a single-member Panel, Rule 6.5.
9. Specify, in accordance with the Policy, the remedy sought. If the Panel decides in favour of the Complainant, the Panel will decide whether the Registration should be deleted or transferred to the Complainant;
10. Allege and prove each of the following three Elements specified in Policy 4.1, file any relevant documentation as Annexes, and provide a schedule of such Annexes:
a. Element 1: The Domain Name is confusingly similar to your Mark (Policy 3.3)
b. Element 2: The Registrant has no legitimate interest in the Domain Name (Policy 3.4)
c. Element 3: The Registrant has registered the Domain Name in bad faith (Policy 3.5)
11. Provide a summary of, and references to, the relevant Canadian law, and if desired, indicate a preference for the application of the laws of a particular Canadian province or a territory.
12. Provide a summary of, and references to, prior decisions in CIRA Proceedings or the dispute resolution proceedings which apply to domain names registered under any other top-level domain which you consider persuasive.
13. Request that the Complaint
14. Have any Schedules, together with an index thereto, annexed.
15. Conclude with the certification of the Complainant in the form set out in Appendix A, followed by the signature of the Complainant or its authorized representative.
16. At the submission of the Complaint, pay the commencement fee of $1,000 CDN (plus relevant sales tax(es), if/as applicable) via our online payment platform. You are also responsible for the Panel fee payment whether you select a single-member Panel (when the Registrant does not file a Response) or a three-member Panel.
There are two ways to submit a Complaint:
- through CIIDRC’s online platform
- download and fill out the CDRP Complaint form, then return it via email to resolution@ciidrc.org. A Complaint must be submitted in searchable PDF format.
Once you submit your completed Complaint form via our online platform or by email at resolution@ciidrc.org, a confirmation will be sent to your email address. Please visit our CDRP Process page to view the steps of the CDRP administrative proceeding.
The Policy can be found here.
The Resolution Rules can be found here.
If you have any questions, please contact us. We would be glad to assist you, but please note that we do not provide legal advice.