Suspension or revocation of domain names

According to the Domain Name Act, a domain name cannot be illegally based on someone else’s protected name or trademark or a name of a natural person. The Finnish Communications Regulatory Authority (FICORA) can suspend or revoke a domain name on the request of the holder of the protected name or trademark.

What is meant by suspension or revocation of a domain name?

The former holder may keep the suspended domain name, but access to it is prohibited. A domain name is always suspended for a set time, which can at the most be 1 year. When the set time limit has passed, FICORA will restore the domain name to the holder unless FICORA revokes the domain name within the set time. At a separate request, FICORA can continue the set time limit for suspension if a specific reason for the suspension of the set time arises. An example of such a reason can be that a court hearing or police investigation concerning the domain name is still pending. The domain name cannot be transferred to a new holder if the case on suspension or revocation is pending at FICORA.

Revocation of a domain name means that the domain name holder loses the domain name due to FICORA’s decision.

The suspension or revocation decisions and FICORA’s decision of not to suspend or revoke a domain name can be appealed to the Helsinki Administrative Court. Despite the appeal, FICORA can decide that the suspension or revocation decision can be put into effect immediately.

Revocation of a domain name means that the domain name holder loses the domain name due to FICORA’s decision.

The suspension or revocation decisions and FICORA’s decision of not to suspend or revoke a domain name can be appealed to the Helsinki Administrative Court. Despite the appeal, FICORA can decide that the suspension or revocation decision can be put into effect immediately.

How to request a suspension or revocation of a domain name?

The request for a suspension or revocation of a domain name must be submitted in writing. The written request can be submitted to FICORA by e-mail to the following address: peruutusvaatimus.domain@ficora.fi. The beginning of the subject field of the e-mail must contain the name of the domain name that is being requested to be suspended or revoked (Example: domainname.fi revocation request).

What kind of information should the request contain?

1) Complete information about the one who submits the request:

If the one who submits the request is an organisation:

• the name of the company and its business identity code or registration number
• the name of the person who submitted the request and the person’s status in the company
• telephone number
• the e-mail address to which the messages and clarification requests concerning the handling of the request can be sent
• the mailing address to which the decision is sent
• Note that only the holder of the name or trademark can request for the suspension or revocation of the domain name

If the one who submits the request is a private person:

• the name of the one who submits the request
• the identity number if the request is based on the name of the person who submits the request
• telephone number
• the e-mail address to which the messages and clarification requests concerning the handling of the request can be sent
• the mailing address to which the decision is sent
• Note that only the holder of the name or trademark can request for the suspension or revocation of the domain name

2) The domain name that the request concerns.

3) The reason why the suspension or revocation request was made.

4) If the request is based on a trademark or a name of an organisation, please submit complete information about the trademark or the name on which the request is based

• trademarks: name and register code of the trademark
• business name: complete name and business identity code
• association: complete name and code for the register of associations
• foundation: complete name and code for the register of foundations
• Note: Protected names and trademarks are defined in section 3 of the Domain Name Act. Other names and trademarks will not be protected.

5) If the domain name is a derivative of a name or trademark or a name of a natural person (the domain name is not exactly the same as the word trademark of the one who makes the request, but the written form closely reminds it) the request will have to contain a clarification saying that the purpose of obtaining the domain name was not to harm the holder of the name or trademark or a name of a natural person or to illegally benefit from somebody else’s protected name or trademark.

6) The content of the request: does the holder of the name or trademark or a name of a natural person demand that the domain name be totally suspended or revoked and does the request also include that, in addition to the revocation, the domain name be transferred to the holder of the name or trademark.

In which languages can the request be made?

The request and its reasons must be made in Finnish or Swedish.

The clarification requests will no be sent and the set time will not begin unless a written, individualized and reasoned request containing all the above-mentioned information is submitted to FICORA.

How to request a suspension or revocation of a domain name?

The request for a suspension or revocation of a domain name must be submitted in writing. The written request can be submitted to FICORA by e-mail to the following address: peruutusvaatimus.domain@ficora.fi. The beginning of the subject field of the e-mail must contain the name of the domain name that is being requested to be suspended or revoked (Example: domainname.fi revocation request).