Domain Names & Digital Assets FAQ

• If I register a Trademark, do I automatically own the domain name?  

No. Trademarks and domain names are separate systems. A trademark is granted by the Intellectual Property Office (MyIPO), while domains are sold on a “first-come, first-served” basis by registrars. You must register both to be fully protected. 

• What is “Cybersquatting”?  

Cybersquatting occurs when someone registers a domain name identical or confusingly similar to your trademark in “bad faith,” often with the intent to sell it back to you at an inflated price or to disrupt your business. 

• How can I get my domain back from a squatter?  

You generally have two options: file a lawsuit in court (which can be costly) or use an administrative dispute resolution process (MYDRP for .my domains or UDRP for .com). We can advise on which route offers the best chance of success. 

• What is the difference between UDRP and MYDRP?  

UDRP is the global standard for disputes involving generic domains like .com or .net. MYDRP is specific to Malaysia for .my country-code domains. Both allow you to request the transfer of a domain if you can prove you have rights to the name and the current holder does not. 

• Someone is impersonating my business on social media. Can you help?  

Yes. While social media handles are not “domain names,” impersonation can constitute passing off or a violation of platform policies. We can issue takedown notices or cease and desist letters to remove the infringing profiles. 

• Do I need a local presence to register a .my domain?  

Generally, yes. To register a .my domain, you usually need a nexus to Malaysia (e.g., a Malaysian company registration or residency). However, for international clients, we can advise on the specific requirements or local presence services. 

• Can I sell or license my domain name?  

Yes. Domain names are digital assets that can be bought, sold or licensed. We can draft the Transfer of Ownership or Lease Agreements to ensure the transaction is secure and funds are released only when the domain is successfully transferred. 

• What happens if I forget to renew my domain?  

If a domain expires, it enters a “redemption period” where it can be recovered for a fee. If not recovered, it becomes public and anyone (including competitors or squatters) can register it. We offer portfolio management to ensure you never miss a deadline. 

• Is a domain name considered Intellectual Property?  

Strictly speaking, a domain name is a contractual right, not a statutory IP right like a patent. However, it is deeply connected to Trademark law and Passing Off. Using a domain to mislead customers is a violation of IP rights. 

• Why use a lawyer instead of just an IT guy for domains?  

IT professionals handle the technical setup (DNS, hosting), but they cannot handle the legal ownership disputes. If a squatter takes your name or if you are accused of infringing someone else’s trademark with your domain, you need legal representation to resolve the dispute.

This article is written by 

Azarith Sofia Binti Aziz
Principal Associate, Low & Partners