Trade mark dispute

[Johnatan56]

Hi,

due to a mess-up in domain ownership transfer, a site with a shortened version of the company name was taken over by someone else.
According to Zadna:

ADR regulations



The Minister of Communications promulgated the Alternative Dispute Resolution (ADR) Regulations in November 2006 to resolve disputes relating to domain names registered the co.za domain.
In terms of the ADR Regulations, the Authority is mandated to accredit suitable service providers to provide ADR services, and to receive fees from the providers for each resolved dispute.
There are two panels that can hear a dispute. Fees differ depending on the panel chosen:

• One (1) adjudicator panel – for a fee of R10 000 (ten thousand Rand)
• Three (3) adjudicator panel – for a fee of R24 000 (twenty four thousand Rand)

The parties to a dispute choose the panel they wish to use.


https://www.zadna.org.za/content/page/what-constitutes-a-dispute/

it is a R10 000 fee to lodge a dispute. Who ends up paying that R10k? Does the loser have to pay costs if we are successful?

They also state their company name as >>our trademark << tech, which we also own/have a trademark registered for, so they are in violation of two of our registered trademarks.


The issue is that we are still a small start-up, and paying R10k for something like this is quite a bit of money. Another issue is that when we owned the domain, we worked quite heavily in promoting SEO for that domain. They are also in the same industry as us, offering literally the same services, we even had a customer of ours end up on their page. Their site is also terrible, so it's not good for our name as well, beyond the fact that its our trademark.

Tl,dr; someone else registered our trademark, also says they are registered with another one of our trademarks, any way to dispute without having to pay R10k or is it possible to make loser pay?