Update: changes affecting how to recover a lapsed .ch domain that was…
Update: changes affecting how to recover a lapsed .ch domain that was. UDRP and ccTLD domain recovery and defense across .ch. Email the firm to assess your cas…
A brand owner lets a .ch registration lapse. Within days, a third party picks it up. The original holder now wants it back – and discovers that Switzerland operates entirely outside the UDRP system. The path to recovery is narrower, slower, and more fact-intensive than many registrants expect.
Recovering a lapsed .ch domain that has been re-registered requires proceeding under Swiss national law and SWITCH's dispute procedures, because no UDRP applies to .ch. The governing body is SWITCH, the .ch registry, which does not administer a UDRP-style transfer remedy. Recovery typically depends on trademark rights, bad-faith registration evidence, and – where a transaction route is possible – thorough chain-of-title due diligence before any acquisition.
This update covers what changed, who is affected, and what a rights-holder should do now.
What Changed for .ch Domain Recovery
SWITCH continues to administer .ch registrations without a built-in, UDRP-equivalent arbitration pathway. What has shifted is the practical environment around lapsed .ch names. Drop-catching services have become faster and more organized, meaning the window between expiry and third-party re-registration has compressed significantly. A domain that once sat in a redemption period for weeks may now be scooped within hours of entering the public pool.
At the same time, Swiss courts have refined their approach to domain disputes grounded in trademark and unfair competition claims. Rights-holders who previously relied on informal registrar negotiation now face a more structured, evidence-driven environment. Assembling a credible record before approaching a third party or filing a claim is no longer optional – it is the foundation of any viable strategy.
Who Is Affected?
The change matters most to three groups. Brand owners who allowed a .ch registration to expire through oversight or a portfolio rationalization decision are the most exposed: once a name re-enters the public pool, the prior holder has no automatic priority. Domain investors who acquired a .ch name in good faith at auction or through a drop-catching platform may find themselves holding a name that a Swiss trademark owner intends to contest. And businesses considering a .ch acquisition – whether directly from a registrant or through a broker – need to understand the litigation risk baked into the chain of title.
What Applies in .ch and How SWITCH Fits In
SWITCH is the registry for .ch and .li. It does not operate a UDRP procedure or a Nominet-style dispute resolution service. Disputes over .ch domain ownership are generally resolved through the Swiss courts, with claims grounded in Swiss trademark law and the Federal Act against Unfair Competition. SWITCH will act on a court order requiring transfer or cancellation; it will not act on an arbitration award from WIPO or the Forum, because those institutions have no mandate over .ch.
This means the complainant-side toolkit familiar from .com disputes – a UDRP filing, a 20-day response window, a decision in roughly two months – simply does not exist here. Swiss litigation timelines are measured in months to years, not weeks. That reality shapes every strategic choice: whether to pursue a court claim, attempt a negotiated acquisition, or accept the loss and re-build brand presence around a new .ch registration.
For an assessment of your .ch domain situation, contact info@cognomenlaw.com.
Chain-of-Title Checks, Prior-Dispute History, and Escrow
Whether the goal is litigation or acquisition, the first task is the same: understand the chain of title. A .ch domain that lapsed, was drop-caught, and changed hands multiple times carries layered risk. Each prior holder may have left a litigation trail – a cease-and-desist letter, a court filing, or a SWITCH communication – that is not visible in the current WHOIS record.
A chain-of-title review for a .ch name covers at minimum: the registration history; any prior trademark claims or court proceedings in Switzerland tied to the name or a confusingly similar term; the registrant's broader portfolio for a pattern of acquiring lapsed brand-matching names; and the technical footprint of the domain during prior registration periods. Parking pages monetizing traffic from a former brand are evidence of bad faith in Swiss court proceedings, just as panels weigh passive holding in UDRP cases.
Where a negotiated acquisition is realistic, escrow structure matters. Transferring funds before the .ch registry confirms the name change is completed exposes the buyer to loss. A well-structured transaction holds funds in escrow until SWITCH records the transfer, with a clear release trigger and a fallback if the transfer fails. We regularly advise on escrow structures for ccTLD transactions where registry mechanics differ from the gTLD standard, and .ch is a zone where those differences create real transactional risk.
What to Do Now
If you held a .ch name that lapsed and was re-registered by a third party, the first question is whether the re-registrant has any plausible legitimate interest. If the answer is no – if the name corresponds to a registered Swiss trademark and the registrant has no evident connection to it – a Swiss court claim may be viable. The strength of that claim depends heavily on when the trademark was registered relative to the lapse and re-registration, and on the evidence of bad faith in the new registration.
If acquisition is the goal, run the due-diligence steps above before making an offer. A domain with an active trademark dispute pending in a Swiss court is a materially different asset from a clean name. We have advised buyers who discovered prior dispute history only after funds had moved – an outcome that structured pre-acquisition diligence avoids. Acting quickly matters: the longer a re-registrant holds and uses a .ch name, the harder a Swiss court claim becomes, and the more the balance of equities shifts.
To weigh a court claim against a negotiated acquisition for your .ch domain, email info@cognomenlaw.com.
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Frequently asked questions
What was the situation?
A brand owner's .ch registration lapsed during a portfolio review. Within a short period, a third party re-registered the domain through a drop-catching service. The original holder, whose Swiss trademark predated the new registration, sought advice on whether recovery was possible and on what terms.
What did the firm do?
We conducted a chain-of-title review, identified the re-registrant's broader portfolio pattern, assessed the evidence of bad faith under Swiss unfair competition principles, and mapped the two available routes: a Swiss court claim and a structured negotiated acquisition with escrow. We advised on the relative cost, timeline, and evidentiary burden of each path so the client could make an informed decision.
What was the outcome?
Outcomes in .ch disputes depend on the specific facts, the quality of trademark and bad-faith evidence, and Swiss court or negotiation dynamics. No result can be promised. In our practice, early action – before the re-registrant builds use history – consistently improves the available options and strengthens the rights-holder's position in any proceeding or negotiation.
Speak with Cognomen Law
For a scoped view of your domain matter, contact info@cognomenlaw.com. Discuss your matter
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This publication is general information and does not constitute legal advice. For advice on your situation, contact info@cognomenlaw.com.