New Internet domain .swiss: Secure rights?

From September 7, 2015, there will be a new internet domain related to Switzerland: .swiss (e.g. www.werbewoche.swiss). However, the previous country domain .ch will remain unchanged. So if you already have a .ch address, you don't need to do anything. Why do you need a .swiss address?

The Federal Office of Communications (OFCOM) is of the opinion that the .swiss domain, in contrast to the .ch domain, is clearly associated with Switzerland. The .ch domain is often confused with China, which is why .swiss is a more suitable marketing instrument or label for the Swiss community.

In order to prevent abusive domain grabbing, at least when the new .swiss domain is introduced, only holders of Swiss trademarks and other legally protected signs in Switzerland, in particular companies, holders of foreign trademarks that have registered in the Trademark Clearinghouse and public bodies, in particular cities and municipalities, can apply to register a .swiss domain for their trademark, company, municipality name, etc. during an initial phase from September 7, 2015 to November 9, 2015. During this first phase, the usual "first come, first served" principle for domain names does not apply. The better law and regulation applies. This means that there is no particular rush for this first group during this first phase. However, it should be noted that if there are several applications for the same domain name at the same time, preference will be given to a trademark registered in the Trademark Clearinghouse. However, this only applies to the first phase until November 9, 2015. In addition, registering a trademark in the Trademark Clearinghouse also has the advantage that you receive information from there if someone somewhere in the world wants to register your trademark as a generic domain name, e.g. under .com, .org, .net, but also new ones such as .web, .sport, .marketing, etc.

From January 11, 2016, anyone will be able to register their Internet address under the new .swiss domain. However, it is still unclear how private individuals and sole proprietorships not registered in the commercial register will obtain a .swiss domain at this time and what criteria OFCOM will apply. The planning seems to be on a rolling basis...

However, the answers to important questions are not yet publicly known shortly before the start of the allocation of the new .swiss domain. For example, only shortly before September 7, 2015, the corresponding website of the Bakom Dot.swiss The Swiss registry has announced which accredited registrars (e.g. Switchplus.ch) can be used to apply for an Internet address under the .swiss domain and how much it will cost to reserve the address.

Nevertheless, it can be said at the moment that the fees based on Bakom's wholesale price of CHF 90 per year will probably be significantly cheaper in relation to any subsequent legal disputes with domain grabbers or others who want to snatch up your own brand or company, so that it is worth taking action in the matter, contacting your own legal service or an external trademark lawyer if necessary and securing the rights, even if a company currently has no specific use for the new .swiss domain.

Ueli GrüterLL.M., attorney-at-law, Grüter Schneider & Partner AG, Zurich/Lucerne, is a lecturer in communications law at the Lucerne University (www.hslu.ch) and co-editor of the book kommunikationsrecht.ch. Gsplaw.ch