WIPO Domain Name Dispute Resolution Service for .BR

Whereas the UDRP is limited to the protection of trademark rights, under the .BR Policy a complainant may rely on:

• - a trademark registered in Brazil, or a trademark application filed in Brazil before the registration of the domain name;
• - a trademark not registered or applied for in Brazil but considered as a notorious trademark in its field of activity;
• - a trade name, company name, civil name, family name, pseudonym or famous nickname, singular or collective artistic name, or previously registered domain name

The complainant does not have to demonstrate that the respondent lacks rights or legitimate interests in the disputed domain name, but the respondent may invoke rights or legitimate interests in the disputed domain name in its defense

It is sufficient for the complainant to prove that either registration or subsequent use of the disputed domain name is in bad faith, whereas the UDRP requires the complainant to prove both elements

Portuguese

Courts of Brazil

If the complaint is filed by an authorized representative of the complainant, it is necessary to submit a power of attorney

The .BR Policy applies to all domain names registered after October 1, 2010

The Registry will implement a panel decision to transfer or cancel a domain name after 15 business days (as opposed to 10 business days under the UDRP), if the Registry does not receive documentation from one the parties regarding a court action or arbitration proceeding

• - may have from 2 to 26 characters, including letters, numbers, and dashes;
• - may not have dashes as the first, third, fourth or last characters of the domain name;
• - may not be composed of only numbers;
• - may include the characters à, á, â, ã, é, ê, í, ó, ô, õ, ú, ü, and ç