In most cases, it is big companies that sue domain name holders, arguing that the domain is similar to one of their trademarks.
Only if the domain actually mimicked a trademark or name belonging to a third party, causing confusion among the consumers, or if the domain name holder is in bad faith.
No. It is true that a trademark is a powerfull aforegoing to back a defense, it is not really needed. More than 95% of the domains we have successfully defended belong to holders that didn't have a trademark at the time.
No. NIC Chile's rules allow domain name holders to appear for themselves in the trial. However, it is highly recommended having a lawyer that specializes in industrial property, that knows the applicable law and jurisprudence on the matter, to correctly sustain a defense and greatly increase the chances of having a favorable ruling.
Any individual can present a claim for a domain name that's been previously registered. Then, is the parties task to prove their legitimate interest and good faith on the domain name. The party that does nothing in the trial, carries a great disadvantage.
You can simply lose the domain name, and have it assigned to the complainant. Worst case scenario, you can be convicted to pay the trial's fees, but this is very infrequent.
Your domain name is your trademark on the internet. Defending it, you protect your online image, and your positioning in the relevant market. Every domain name is unique, and holding it means nobody else could have the same name on the internet.
No. When you register the domain name, you accept the terms and conditions of NIC Chile, that include the possibility of the domain name revocation, so they don't refund on domains lost for this cause.
As intellectual property lawyers, we provide advice and representation in every trademark related aspect, such as registration, oppositions, trademark nullity, and unauthorized use, among others. We can also assist you in the creation of your company under Chilean laws.