Differences Between the UDRP and the URS (Summarized)

Differences Between the UDRP and the URS (Summarized)
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As new generic top-level domains (gTLDs) grow in popularity, the Uniform Rapid Suspension System (URS) is often an alternative and attractive option to the longstanding Uniform Domain Name Dispute Resolution Policy (UDRP).

The URS is certainly less expensive than the UDRP, and a decision is reached more quickly.

But, as I’ve written before, the URS has not gained much traction, in part because the remedy for a successful trademark owner is simply a temporary suspension of the disputed domain name. The UDRP, on the other hand, provides a more permanent (and sometimes more desirable) solution by allowing a transfer of the domain name.

The difference in remedies between the UDRP and the URS is not the only consideration for a trademark owner thinking about how to proceed. In many cases, for example, the URS is not even an option, give that it applies almost exclusively to the new gTLDs (and not to traditional TLDs such as the most popular .com).

So, in the interest of providing a quick overview of the important differences between the UDRP and the URS, I have prepared the following chart with brief summaries:

 

 UDRPURS
Applicable TLDsTraditional gTLDs and New gTLDsNew gTLDs
Applicable trademarksRegistered or common lawRegistered, validated by court, or protected by statute or treaty
Burden of proofPreponderance of evidenceClear and convincing evidence
LanguageLanguage of registration agreement (subject to exceptions)English
Typical filing fee$1,500 (WIPO)$375 (The Forum)
Complaint word limit5,000 words (WIPO)500 words (The Forum)
PrecedentTens of thousands of decisions over 15+ yearsA few hundred decisions (without explanation) over past 1+ year
Number of annexesUnlimited3 (The Forum)
AmendmentsYesNo
Supplemental filingsYesNo
TimelineAbout 60 days from filing to decisionAbout 17 days from filing to determination
RemedyTransfer or cancellationTemporary suspension
Appeals processNoYes

 

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