The first step of building a corporate website is filing, and there is simply no "trademark" column in the filing system. But the domain name itself is a scarce text resource, and a domain often corresponds to a brand name — this is exactly why trademark-domain conflicts occur so frequently. This article explains what filing reviews, and whose side the rules are on when your domain is squatted or you are sued.
1. The Relationship Between ICP Filing and Trademarks
- Filing basis: the Administrative Measures for Internet Information Services (State Council Order No. 292) established the filing system for non-commercial internet information services and the licensing system for commercial ones.
- What filing reviews: authenticity of entity qualifications, the correspondence between domain ownership and the filing entity, the access provider's qualifications, and whether website content involves items requiring prior approval.
- Domain compliance requirements: the notice on mobile internet application filing also requires that domains, IP addresses, and other network resources used by app sponsors comply with the Administrative Measures for Internet Domain Names, the Administrative Measures for Internet IP Address Filing, and the Notice of the Ministry of Industry and Information Technology on Regulating the Use of Domain Names in Internet Information Services (工信部信管〔2017〕264号) — the core being domain real-name registration and entity consistency.
- Domain management rules: the Administrative Measures for Internet Domain Names (MIIT Order No. 43, effective November 1, 2017) established real-name domain registration and domain registrar management systems; they expressly provide that a domain registrar shall cancel a registered domain where the holder applies for cancellation, the holder submitted false domain registration information, or a people's court judgment so requires.
Key conclusion: filing does not check trademark certificates, but inconsistent filing entity and domain holder will be returned; more importantly, filing compliance cannot defeat trademark rights — where a domain infringes another's prior trademark right, the rights holder can still seek cancellation or transfer.
2. Remedy Channel 1: Determination by a Domain Dispute Resolution Institution
For national TLDs such as ".CN" and ".中国", dispute resolution institutions recognized by CNNIC accept disputes under the Dispute Resolution Measures for National Top-Level Domain Names. Key points:
- Scope: applies to disputes arising from domain registration or use; where the disputed domain's registration has been in effect for three full years, the dispute resolution institution will not accept the case — a critical time threshold; the earlier a squatting is handled, the better;
- Acceptance and timeline: accepted by CNNIC-recognized dispute resolution institutions; the panel decides within 14 days of its formation;
- Three elements for an upheld complaint (Article 8): (1) the disputed domain is identical to a name or mark in which the complainant enjoys civil rights, or confusingly similar; (2) the domain holder has no legitimate rights or interests in the domain or its main part; (3) the domain holder's registration or use of the domain is in bad faith;
- Bad faith (Article 9): registering to sell, rent, or otherwise transfer the domain to the complainant or its competitor for improper gain; registering another's name or mark in which legitimate rights are held as a domain to prevent them from using it on the internet; registering to damage the complainant's reputation, disrupt its normal business, blur the distinction with the complainant, or mislead the public; and other bad-faith circumstances;
- Legitimate-rights defense of the respondent (Article 10): before receiving the complaint, the respondent can claim legitimate rights by proving it has made bona fide use of the domain or the corresponding name in providing goods or services; or that although it has not obtained a trademark, the domain has gained certain fame; or that the use is reasonable, non-commercial, and without intent to gain commercial benefit by misleading consumers;
- Outcome (Article 14): if the complaint is upheld, the panel orders cancellation of the registered domain or its transfer to the complainant; otherwise the complaint is rejected;
- Subsequent remedies (Article 15): both parties may bring the same dispute to the people's court where CNNIC is located, or submit it to arbitration per agreement.
3. Remedy Channel 2: Court Litigation
The Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Involving Computer Network Domain Names (amended in 2020) established the adjudication framework for domain infringement and unfair competition:
- Jurisdiction (Article 2): domain infringement disputes are under the jurisdiction of the intermediate people's court of the place of infringement or the defendant's domicile; where the place of infringement is hard to determine, the place where the plaintiff discovered the domain (e.g., the location of the computer terminal) may be treated as the place of infringement;
- Four elements for finding infringement or unfair competition (Article 4): (1) the civil rights the plaintiff seeks to protect are lawful and valid; (2) the defendant's domain or its main part reproduces, imitates, translates, or transliterates the plaintiff's well-known trademark, or is identical or similar to the plaintiff's registered trademark or domain, sufficient to cause relevant public misidentification; (3) the defendant has no rights in the domain or its main part and no legitimate reason for registering or using it; (4) the defendant's registration and use of the domain is in bad faith;
- Bad faith (Article 5): registering another's well-known trademark as a domain for commercial purposes; registering or using a domain identical or similar to the plaintiff's registered trademark or domain for commercial purposes, deliberately causing confusion and misleading internet users; having offered to sell, rent, or otherwise transfer the domain at a high price for improper gain; registering the domain without using it or preparing to use it, intending to prevent the rights holder from registering it; and other bad-faith circumstances;
- Defense room: where the defendant proves that before the dispute its domain had gained certain fame and could be distinguished from the plaintiff's registered trademark or domain, or otherwise proves the absence of bad faith, the court may find no bad faith;
- Forms of liability (Article 7): the court may order cessation of infringement and cancellation of the domain, or, at the plaintiff's request, order the domain registered and used by the plaintiff; compensation for actual damage; and where the infringer acts intentionally with serious circumstances, the plaintiff may claim punitive damages.
4. Common Pitfalls
- Only registered the trademark, forgot the domain: the primary domain was not registered before the brand launched and was squatted — either pay to buy it back or go through dispute proceedings.
- Only registered the domain, no trademark: domain ownership cannot substitute for trademark rights; when asserted against by a prior trademark owner, you lack a civil-rights basis.
- False domain information: submitting false domain registration information may lead to domain cancellation — an express provision of the Administrative Measures for Internet Domain Names.
- Filing entity inconsistent with domain holder: the filing will be returned; a domain transfer or filing-entity change is needed first.
- Missing the dispute acceptance deadline: after a .CN domain has been registered for three years, dispute resolution institutions no longer accept the case, leaving only litigation with a higher burden of proof.
- Using a graphical trademark against a textual domain: domains consist of text elements, and purely graphical trademarks rarely support a similarity finding — textual trademarks and domains must be planned as a set in brand layout.
5. Practical Recommendations
- Register trademark and domain simultaneously: on the day the brand name is set, file the trademark application, register the primary domain with common suffixes, and register the core pinyin/English combinations related to the brand;
- Hold domains under the corporate entity: consistent with the filing entity to avoid subsequent changes and ownership disputes;
- Establish domain monitoring: keep watch on newly registered similar domains; start dispute proceedings promptly on discovering malicious squatting — do not drag past three years;
- Preserve prior-use evidence: product launch dates, promotional placements, and sales records are the core materials proving "prior use" and "fame";
- Assess defense points first when complained about: bona fide use before the complaint, whether the domain has gained fame, and whether reasonable use exists can all defeat a complaint;
- Evaluate dispute and litigation in parallel: dispute proceedings are fast (panels decide within 14 days), while litigation reaches compensation; choose or combine per your objectives.
6. Summary
ICP filing looks at entity authenticity and domain ownership, not trademarks; resolving domain conflicts falls entirely within the framework of trademarks and prior rights. The moment the brand name is set, the trademark application and domain registration should be confirmed simultaneously — this is the cheapest defense. The rules cited in this guide are current as of 2026; defer to the latest requirements of the competent authorities and domain name administration bodies.
7. Where to Get It Done
For the specific procedures involved in the above matters, book trademark monitoring with MyTMBee, where a registered trademark agent provides end-to-end assistance.