Commentaries: Art. 57

The Registry shall examine any application for registration of a domain name and publish them, unless the application manifestly does not meet the general and particular conditions for allocation. Other applicants may submit a registration application for this same domain name within the 20 days following publication.
In the event of a multiple application, the Registry shall allocate the domain name concerned in the following order of priority:
1. ¹ in principle to the public corporation or to the public law organisation making the application when the latter is in competition with private applicants and the requested designation as such is of public interest;
2. ² to the public corporation or public law organisation that intends to use the domain name concerned in a manner that provides added value which is manifestly greater for the Swiss community than that of other similar corporations or organisations; if no project satisfies this requirement and the corporations or organisations submitting the application cannot agree on a single or joint candidature, the registry shall not allocate the domain name;
3. in principle to the applicant which has a right to a trademark corresponding to the domain name concerned when it is in competition with applicants not benefiting from such a right;
4. ³ to the highest bidder in an auction when the applicants have competing rights under trademark law to the domain name concerned, unless holding an auction appears inappropriate in light of all the circumstances or the applicants concerned; the proceeds from the auction are paid into federal funds;
5. ⁴ to the legal entity if it is in competition with an individual;
6. ⁵ to the applicant which was first to submit a registration application when all the applicants intend to pursue non-profit-making objects using the domain name;
7. ⁶ to the applicant that intends to use the domain name concerned in a manner that provides added value which is manifestly greater for the Swiss community than that of other applicants; if no project satisfies this requirement and the applicants cannot agree on a single or joint candidature, the registry decides on the allocation by drawing lots or holding an auction; the proceeds from the auction are paid into federal funds.
Subject to the prior examination under Article 53 paragraph 2 letter b, the Registry does not verify the merits of the rights to use the alphanumeric denominations of domain names. Disputes relating to the trademark rights in relation to domain names are governed by civil law.

Amended 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 28 June 2023, in force since 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). ↩
Amended 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 28 June 2023, in force since 1 Jan. 2024 (AS 2023 365). ↩

Art. 57

Footnotes