Commentaries: Art. 53

A domain name is allocated when the following particular conditions are met, in addition to the general conditions provided for by Article 25:
1. the applicant provides proof of a sufficient link with Switzerland; this is in particular the case when its headquarters and an actual administrative site or its residence is in Switzerland, or if the person concerned is a Swiss citizen;
2. the applicant belongs, at the time of submission of the registration application, to a category of persons entitled to request an allocation (eligibility);
3. ¹ …
4. the envisaged use complies with Swiss law; if the domain name is used to offer or advertise products or services, a headquarters and an actual administrative site or domicile in Switzerland are essential;
5. ² the requested designation may legitimately be regarded as having an objective relationship with the applicant or the envisaged use of the domain name;
6. the requested designation does not correspond to or is not related to a designation with a generic character, subject to the provisions relating to the naming mandate (Art. 56).
a. the applicant’s official surname or another surname registered by the Civil Register Office; b. the applicant’s first name; c. a designation in respect of which the applicant has a claim under trademark law; d. the applicant’s alliance name, joint name in the case of a registered partnership, the name acquired on taking holy orders, or the stage name or pseudonym by which the applicant has become known.³ a. it contains a designation in respect of which the applicant has a claim under trademark law; b. it refers to a designation objectively linked to the State or to its activities which is required by the public body or the public law organisation concerned; c. it contains a geographical designation: 1. to which the applicant has a right or in which it has a legitimate interest, 2. to which it has a right or in which it has a legitimate interest in the public mind, or 3. that it is authorised to use by the body or other organisation concerned; d. it refers to a designation in which the applicant has a legitimate interest or which is associated with this applicant in the public mind.⁴
An objective relationship in terms of paragraph 1 letter e exists in the case of applicants who are individuals where the domain name contains at least one of the following designations in addition to a freely selectable voluntary designation:
An objective relationship in terms of paragraph 1 letter e exists in the case of applicants that are not individuals if the domain name fulfils any one of the following conditions:
The Registry may refuse the allocation of a domain name:
1. ⁵ when the chosen designation may manifestly lead to confusion with a domain name already allocated or a reserved designation in accordance with Article 26;
2. when it is clear, on the basis of brief examination, that the chosen designation infringes third-party trademark rights; otherwise, the merits of the rights to use the alphanumeric designations of domain names is not verified; disputes relating to trademark rights in relation to domain names are governed by civil law;
3. when the characteristics or values which underlie the domain oppose such allocation.
In exceptional cases, the Registry may allocate domain names which do not meet the particular conditions of allocation when the interest of this allocation for the Swiss community so justifies.

Repealed by No I of the O of 28 June 2023, with effect from 1 Jan. 2024 (AS 2023 365). ↩
Amended by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). ↩
Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). ↩
Inserted by No I of the O of 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). ↩
Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6251). ↩

Art. 53

Footnotes