Last Update 20 August 2012. The most current .ad domains dispute policy can be found at:
www.nic.ad/pdf/Reglament_angles.PDF
Implementing regulations governing application of the use of state signs law for use of “.ad” as part of a domain name
STATEMENT OF PURPOSE
An Internet electronic address has a logical format known as the "Unified Resource
Locator"(URL), which specifies, first, the corresponding protocol- for example,
Hypertext Transfer Protocol ("http"), next, the desired electronic application and, lastly,
the specific address of the computer to be accessed.
An electronic address (URL) consists of a description of the communications protocol
and the name of a domain. For example, in the electronic address of the Andorra
Telecommunications Service (STA), http://www.sta.ad, "http://”stands for the www
system's communications protocol (http://www.) and the rest of the address, "sta.ad" is
the domain name.
An electronic mail address consists of an account name, the @ sign and a domain
name. For example, if Ms. Meritxell N's e-mail address is meritxelln25@andorra.ad,
"meritxelln25" is the account name and "andorra.ad" is the domain name.
Domain names consist of two or more levels:
The Top Level Domain name, internationally known by the initials TLD, which in
this case is ".ad"
The Second Level Domain name, internationally known by the initials SLD,
which in this case is "sta".
In some cases, there can be sub-domains between the top and second level
domains, or there can be third or other lower level domains. In these
Regulations the sub-domain ".nom" is used for domain names for private use by
physical and legal persons and by associations.
A domain name which is part of an electronic address operates on the basis of a
hierarchy of domain levels. The Domain Name System, better known by its initials DNS
consists of different levels. The highest level of all are top level names, which can be
divided into two categories: generic top level domain names (internationally known by
the initials gTLD) and top level domain names which are country codes (internationally
known as ccTLD). There are currently 7 gTLD (".com", ".gov", ".edu", ".net", ".mil",
".org" and ".int") and 243 ccTLD, each of which is a two-letter country code derived
from Rule 3166 of the International Standardisation Organisation (ISO-3166). The
ccTLD ".ad" uses the ISO 3166 standard abbreviated form for the name Principat
d'Andorra.
The Andorran Telecommunications Service (STA) is currently the agency responsible
for assigning and maintaining second level domain names under the top level domain
name ".ad".
ccTLD are intended to be used by physical or legal persons residing or established in a
particular territory, who expect to primarily use the Internet to communicate with
addresses in that same country, even though the global nature of the Internet means
that use is not restricted to a single territory. In contrast, gTLD are intended to be
primarily used with no geographic constraints.
The use of a domain name under the country code ".ad" involves using an abbreviated
form of the name "Principat d'Andorra", i.e. using a State sign which can be imply a use
with commercial effects and even a use as part of a trademark. In accordance with the
Use of State Signs Act, anyone wishing to be assigned this domain name shall be
previously authorized by the Andorran government to use ".ad" as an abbreviated form
of the name "Principat d'Andorra".
In order to avoid misuse of, and conflict between, domain names under the top level
domain name ".ad" and distinctive signs, applicants must fulfil a series of requirements
to ensure their legitimacy and the existence of specific ways to settle such conflicts.
With the aim of permitting the co-existence in the virtual world of distinctive sign
coexisting in the real world, such as trademarks for different goods or services or
trademarks and trade names, under the top level domain name ".ad", and therefore
avoiding conflicts between legitimate users of identical signs, certain requirements
have been established for obtaining authorization to use ".ad" for a domain name that
is identical to a domain name for which use has already been authorized. In order to
safeguard the rights of companies which deliver services through the Internet which are
identified by a name which enables the services of this company to be distinguished
from those of any other company, co-existence shall not be authorized when the
applicant for the domain name is the first to request it and owns a trademark for
Internet services which is identical to the domain name requested.
Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name
In order to also avoid abuses, authorizations to use ".ad" shall be limited to a maximum
of three domain names per person (this limit may however be exceeded should certain
conditions be met). With the same objective, authorization to use ".ad" as a domain
name is non-transferrable, which means that domain names under the top level domain
name ".ad" cannot be transferred.
In order to facilitate management of a large number of electronic mail accounts,
agencies which control an electronic mail server and assign and maintain such
accounts may obtain authorization to use a domain name under the top level domain
name ".ad" as an electronic mail server, which implies the authorization to assign
electronic mail accounts under this domain name providing that certain conditions are
met.
Given the particularities involved in the use of ".ad" in domain names, on 6th September
2000 the Minister of the Presidency and Economy proposed that the Government
approve the following Implementing Regulations Governing Application of the Use of
State Signs Law for Use of ".ad" as Part of a Domain Name. Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name
TABLE OF CONTENTS
Chapter I General provisions
Rule 1: Definitions
Rule 2: Specific uses of ".ad", the subject of these regulations
Chapter II Application for authorization to use ".ad" in a domain name
Rule 3: Filing an application for authorization to use ".ad"
Rule 4: Content of application for authorization
Rule 5: Requirements for applicants
Rule 6: Requirements for applicants whose domain name is an electronic mail server
Chapter III Examination of applications for authorization to use ".ad" in a domain
name
Rule 7: Examination of application for authorization
Rule 8: Coexistence of identical domain names
Rule 9: Limits on the number of authorizations granted per person
Rule 10: Issue of authorizations
Chapter IV Updating, expiry, renewal and repeal of authorization to use ".ad" in a
domain name
Rule 11: Compulsory notification of changes of name or address
Rule 12: Requirements to be met during the period authorization of use is in effect
Rule 13: Expiry of authorization
Rule 14: Renewal of authorization
Rule 15: Revocation of authorization
Chapter V Obligations of the agency responsible for assigning domain names
under the top-level domain name ".ad"
Rule 16: Obligations of the agency responsible for assigning domain names under the
top-level domain name ".ad"
Transitional provisions
Final provision
CHAPTER I
GENERAL PROVISIONS
Rule 1. Definitions
1. A domain name is in alphanumerical address code resulting from a contract for
services entered into by an agency responsible for assigning domain names and an
applicant for a domain name, which may be used to access an electronic address
and/or an electronic mail server. A domain name consists of a top level domain
name, a second level domain name and, when appropriate, sub-domains and/or
domain names of lower than second level, separated by a dot.
2. "ad" is the abbreviated form of the name "Principat d'Andorra" as established in Rule
3166 of the International Standardization Organization (ISO-3166). The abbreviated
form ".ad" is a top level domain name which corresponds to the country code for the
Principat d'Andorra.
3. A domain name beneath the top level domain name ".ad" is an alphanumerical
address code resulting from a contract for services entered into by an agency
responsible for assigning and maintaining domain names under the top level domain
name ".ad" and an applicant for a domain name.
4. An electronic mail code is an alphanumerical address code used to of access an
electronic mail box. An electronic mail code consists of an account name, the sign
@ and a domain name.
Rule 2. Specific uses of ".ad", the subject of these regulations
1. These Regulations develop the use of State Signs Law for use of the abbreviated
form of the name "Principat d'Andorra", ".ad" as the top level domain name in a
domain name.
2. Any other use of "ad" as an abbreviated form of the name "Principat d'Andorra" is
subject to the Implementing Regulations Governing Application of the Use of State
Signs Act.
CHAPTER II
APPLICATION FOR AUTHORISATION TO USE ".AD" IN A DOMAIN NAME
Rule 3. Filing an application for authorization to use ".ad"
1. Application for authorization to use ".ad" as the top level domain name in a domain
name must be filed with the ministry in charge of authorizations for use of State
signs (the appropriate ministry) by the person wishing to be assigned this domain
name and using the form specified by the ministry for this purpose.
2. Application for authorization to use ".ad" as the top level domain name in a domain
name is subject to prior payment of the fee set by the Government.
Rule 4. Content of application for authorization
All applications referred to in Rule 3.1. shall contain the following information:
a) A proposed complete domain name for which authorization to use ".ad" is being
sought. This proposal shall meet the following requirements:
i) the second level domain name or, if applicable, any levels lower than the second
level, may only be formed by the letters "a", "b", "c", "d", "e", "f", "g", "h", "i", "j",
"k", "l", "m", "n","o", "p", "q", "r", "s", "t", "u", "v", "w", "x", "y" and "z", with no
distinction between upper and lower case letters and with no accent signs, and/or
by Arabic numerals. A hyphen ("-") may be used, but it shall not be either the first
or last character of a domain name.
ii) second-level domain names, or domain names of any level lower than second level shall consist of a minimum of 3 characters and a maximum of 64.
iii) second-level domain names shall not consist exclusively of words inherent to the
Internet environment, such as: "internet", "web", "portal", "online", "wap", "clic",
"com", "edu", "arpa", "gov", "org", "mil", "int", "net", "telnet", "bbs", "tcp", "dns",
"wais", "email", "www", "ftp", "smtp", "http", "mbone", "ietf", "rfc", "info", "nom",
"firm", "arts", "store", "shop", "home" or "news.
b) If the applicant is a physical person, his/her name and last name or name(s), and if
the applicant is a legal entity, the complete name of the organization and the name
and last name(s) and title of its legal representative.
c) The applicant's home and post addresses and, if applicable", his/her
electronic mail address.
d) A statement that the domain name will be used as a domain name in an electronic
address and/or as a domain name for an electronic mail server, and that the domain
name for which application is being filed shall be used under the top level domain
name ".ad", in one of the following forms:
i) as a trademark for Internet services, i.e. as a sign to distinguish between the
services of one undertaking and those of any other undertaking.
ii) in relation to a trademark, i.e. in order to engage in such Internet activities as
providing information, advertising, or making transactions related to the goods or
services for which the trademark is registered.
iii) to identify a commercial activity to be carried out over the Internet
iv) for private company or individual use on the Internet.
v) for private use of nonprofit organizations on Internet.
e) If the applicant states that use will be in accordance with subparagraph d) i) or ii) of
this rule, the pertinent trademark registration number.
f) If the applicant states that use will be in accordance with subparagraph d)iii), the
registration number of the business name.
g) The applicant's signature
Rule 5. Requirements for applicants
Applicants for authorization as described in Rule 3, must meet the following
requirements:
a) If, in accordance with Rule 4.d)i), the applicant states that that domain name will be
used as a trademark for Internet services, the applicant must be the owner or
exclusive licensee of a trademark registered in Andorra for Internet services, which
has been the object of a substantive examination by the Trademark Office of the
Principality of Andorra (OMPA) in accordance with the provisions relative to
substantive examinations contained in the Implementing Regulations of the
Trademark Law and the Trademark Office Fees Law of 10 May 2000, or any other
legal or regulatory provision subsequent to this date which further develops this
matter. The trademark shall be identical to the second or lower level domain name
sought.
b) If, in accordance with Rule 4.d)ii), the applicant states a use in Internet in relation
with a trademark, the applicant shall be the owner or exclusive licensee of a
trademark registered in Andorra for the goods or services referred to in his
statement and this trademark shall be identical to the second or, if applicable, lower
level domain name sought.
c) If, in accordance with Rule 4.d)iii), the applicant states that the domain name applied
for will be used to identify a commercial activity to be carried out over the Internet,
the applicant shall be the owner of a business name registered in Andorra, which
name shall be identical to the second or, if applicable, lower level domain name
sought.
d) If, in accordance with Rule 4.d)iv), the applicant states that the domain name
applied for will be used for private purposes on the Internet, the second or, if
applicable, lower level domain name sought shall consist of the applicant's first
name or initial followed by the surname or else the first name followed by the
surname or its initial. Numbers may be added to these names. If the applicant is a
legal entity, the domain name shall consist of the name of the entity which is
registered in Andorra and may or may not include the abbreviation of the company's
legal form. The domain name shall contain the sub domain ".nom" between the
second level domain name and the top level domain name ".ad".
e) If, in accordance with Rule 4.d) v), the applicant states that the domain name
applied for will be used on the Internet for private purposes by a nonprofit
organisation, the second or, if applicable, cpr144449003101 lower level domain name sought shall
consist of the name of the nonprofit organization. The domain name shall contain
the subdomain ".nom" between the second level domain name and the top level
domain name ".ad".
Rule 6. Requirements for applicants if the domain name is for an electronic mail
server
1. If the domain name for which authorization to use ".ad" is sought is an electronic
mail server, the appropriate ministry shall grant authorization to use ".ad" on
condition that the electronic mail code account names assigned under this domain
name fulfil the requirements established in Paragraph 2 of this rule; each such
account name shall be different and they shall consist exclusively of one of the
following signs:
a) The first name or initial followed by the surname, or else the name followed by
the surname or its initial, of the physical person to whom the account is assigned.
Numbers may be added to these names.
b) The company name registered in Andorra of the legal entity to which the account
is assigned. This name may or may not include the abbreviation indicating the
legal form of the company.
c) The trade name registered in Andorra, the owner of which shall be the person to
whom the account name is assigned.
d) The trademark registered in Andorra, the owner or exclusive licensee of which
shall be the person to whom the account is assigned. Numbers may be added to
this mark.
e) A fantasy name as long as it fulfils the requirement not to be identical to a
distinctive sign protected in Andorra by an intellectual property or other right and
the requirement not to be similar or likely to create a risk of confusion in the
minds of the public between this sign and any sign protected in Andorra by an
intellectual property or other right.
2. The signs which constitute the electronic mail code account name referred to in
Paragraph 1 of this rule must meet the following requirements:
a) The account name may be formed only by the letters "a", "b", "c", "d", "e", "f", "g",
"h", "i", "j", "k", "l", "m", "n","o", "p", "q", "r", "s", "t", "u", "v", "w", "x", "y" and "z",
with no distinction between upper and lower case letters and with no accent
signs, and/or by Arabic numerals. A dot (".") and/or a hyphen ("-" and "_") may be
used, but they shall not be either the first or last character of a domain name.
b) The account name shall consist of a minimum of 3 characters and a maximum of 64.
Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name
3. The agency which controls an electronic mail server and assigns or maintains an
account shall under no circumstances be responsible by virtue of assigning or
maintaining this account, for any violation of intellectual property or other rights or
legitimate interests which may derive from such violation.
CHAPTER III
EXAMINATION OF APPLICATIONS FOR AUTHORISATION TO USE ".AD" IN A DOMAIN NAME
Rule 7. Examination of application for authorization
1. The appropriate ministry shall examine the application for authorization to use ".ad"
as the top level domain name in a domain name in order to determine if the
application has been presented in accordance with the conditions established in
Rule 3, contains the information stipulated in Rule 4 and if, subject to the criterion
established in Paragraph 2 of this rule, the applicant fulfils the requirements
established in Rule 5.
2. In order to determine whether the second level domain name applied for is identical
to one of the distinctive signs referred to in Rule 5, whether or not the distinctive sign
does or does not contain the ending ".ad" shall not be taken into consideration.
3. The appropriate ministry shall refuse, stating the motives for refusal, all applications
for authorization to use ".ad" as a top level domain name in a domain name should
one of the following circumstances exist.
a) If the application has not been presented in accordance with the conditions
established in Rule 3
b) If the application does not include some of the information established in Rule 4
or its content does not fulfil the requirements established in that same rule.
Rule 8. Co-existence of identical domain name
1. Except in those cases referred to in Paragraph 2 of this rule, the appropriate ministry
shall refuse applications for authorization to use ".ad" as the top level domain name
if the domain name applied for is identical to a domain name for which authorization
for use has been granted and remains in effect.
2. Notwithstanding the provision of Paragraph 1 of this rule, the appropriate ministry
shall not refuse application for authorization to use ".ad" as the top level domain
name in a domain name for the uses according to Rule 4.d) i), ii) or iii) on the
grounds that it is identical to a domain name already authorized for the uses
according to Rule 4.d) ii) or iii).
Rule 9. Limits on the number of authorizations to use domain names granted
per person
1. Except in the case referred to in Paragraph 2 of this rule, the appropriate ministry
may grant a maximum of three authorizations per person to use ".ad" as the top
level domain in a domain name.
2. The appropriate ministry may exceed the limit per person established in Paragraph
1 of this rule if the second or, if applicable, lower level domain name applied for is
identical to a trademark registered in Andorra, and of which the applicant is the
owner or exclusive licensee.
3. Authorization to use ".ad" as the top level domain name in a domain name is nontransferable.
Rule 10. Issue of authorizations
1. If the application for authorization to use ".ad" as the top level domain name in a
domain name is not refused, the appropriate ministry shall grant the authorisation
applied for and shall send it by regular post to the applicant's postal address and, if
applicable, by electronic mail to the applicant's electronic mail address.
2. If the authorization referred to in Paragraph 1 of this rule is issued for the domain
name of an electronic mail server, authorization to use ".ad" as the top level domain
in a domain name includes authorization to allocate account names under this
domain name.
CHAPTER IV
UPDATING, EXPIRY, RENEWAL AND REVOCATION
OF AUTHORISATION TO USE ".AD" IN A DOMAIN NAME
Rule 11. Compulsory notification of changes of name or address
If the person who has been authorized to use ".ad" as the top level domain name in a
domain name changes his/her name, postal or electronic mail addresses, he/she shall
notify the appropriate ministry of this change within 15 days from the date of the
change, using the form designated by the ministry for this purpose.
Rule 12. Requirements to be met during the period authorisation use is in effect
During the entire period for which authorization to use ".ad" as the top level domain in a
domain name is in effect, the authorized person shall continue to fulfil the requirements
established in Rule 5 and shall not use the authorization for any purpose other than
those stated in accordance with Rule 4.d).
Rule 13. Expiry of authorization
1. Authorization to use ".ad" as the top level domain name in a domain name shall
expire two years from the date on which authorization was granted.
2. Expiry of an electronic mail code account is set, if applicable, by formal agreement
between the agency which controls the electronic mail server and assigns and
maintains accounts and the person to whom the account is assigned, and shall not
necessarily coincide with the date of expiry of the authorization to use ".ad" as the
top level domain name in the domain name of the electronic mail server on which
the account depends. Nevertheless, if the authorization to use ".ad" as the top level
domain name in the domain name of the electronic mail server does expire, the
electronic mail accounts ascribed to this domain name shall not be used.
Rule 14. Renewal of authorization
1. Application to renew an authorization to use ".ad" as the top level domain name in a
domain name shall be presented within the three months prior to the authorization’s
expiry date and following payment of the renewal fee set by the Government.
2. Application to renew an authorization to use ".ad" as the top level domain name in a
domain name shall contain the following information:
a) The number of the authorization for use and/or the domain name for which
renewal of the authorization to use ".ad" is sought.
b) The name and address of the person applying for renewal.
c) The signature of the person applying for renewal.
3. Should application to renew an authorization to use ".ad" as the top level domain
name in a domain name fail to meet any of the requirements established in
Paragraphs 1 or 2 of this rule or if applicant for renewal is not the person to whom
authorization was originally granted, or if the trademark, the exclusive licence or the
trade name on the basis of which the authorization was granted in accordance with
Rule 5 a), b) or c) is no longer in effect and in the name of the applicant for renewal,
the appropriate ministry shall refuse to renew the authorization.
4. If, in accordance with Paragraph 3 of this rule, authorization to use ".ad" as the top
level domain name in a domain name cannot be renewed, the competent ministry
shall inform the applicant of its intent to not renew authorization by regular post or
electronic mail so that the applicant may make the pertinent allegations or correct
any errors within a period of 2 months from the date of being informed that
authorization shall not be renewed. Once the allegations or corrections have been
made, the appropriate ministry shall decide whether the authorization shall be
renewed.
5. Should application for renewal of authorization to use ".ad" as the top level domain
name in a domain name not be refused, the appropriate ministry shall issue the
renewal applied for and send it to the applicant's postal address.
Rule 15. Revocation of authorization
The appropriate ministry shall revoke the authorization to use ".ad" as the top level
domain name in a domain name if at any time it is revealed that any of the information
contained in the application, as required by Rule 4 or, if applicable, Rule 14, is false or
if it is revealed that the applicant does not fulfil the requirements established in Rule 5,
or if the authorized party fails to comply with the obligations stipulated in Rules 6, 11 or
12. Prior to revoking the authorization, the appropriate ministry shall inform the person
authorized to use ".ad" of its intention to revoke the authorization. Notification shall be
sent by regular and/or electronic mail. The authorized party shall then make the
pertinent allegations or correct any errors within a period of 2 months from the date of
being informed that authorization is to be revoked. Once the allegations or corrections
have been made, the appropriate ministry shall decide whether the authorization shall
be revoked.
CHAPTER V
OBLIGATIONS OF AGENCIES RESPONSIBLE FOR ASSIGNING
DOMAIN NAMES UNDER THE TOP-LEVEL DOMAIN NAME ".AD"
Rule 16. Obligations of agencies responsible for assigning domain names
under the top-level domain name ".ad"
In order to be able to use the abbreviated form of the name "Principat d'Andorra", ".ad",
to allocate and maintain a domain name under the top level domain ".ad" all agencies
authorized to assign domain names under the top level domain name ".ad" shall at all
times fulfil the following conditions:
a) The party who assigns and maintains the domain name shall prove authorization by
the appropriate ministry to use ".ad" as the top level domain name in a domain
name at the moment a domain name is assigned and at all times during the period
this name is maintained, unless the domain name is assigned to an authority entitled
to use the State sign "Principat d'Andorra" or its abbreviated form, ".ad".
b) This party shall offer its customers a technical solution so that when an Internet user
enters a domain name under the top level domain ".ad" which has been assigned to
more than one person in accordance with Rule 8.2, there is an access system -
such as a gateway containing data or information relative to the people to whom the
same domain name has been assigned, i.e. their name, address, business activity,
goods or services offered, a graphic mark or other elements - which enables the
Internet user to simply and quickly identify and access the final address desired.
c) If for technical reasons it is not possible to fulfil the obligation referred to in
Paragraph b) of this rule by a particular communication protocol or for domain
names to be used as domain names for electronic mail, and it happens that two or
more domain names must co-exist under the terms of Rule 8.2., these domain
names -for the particular protocol or for use as the domain name of an electronic
mail account name- shall be able to add a sub-domain between the second level
domain and the top level domain name”. ad" which sub-domain shall consist of a
number ranging from "001" to the number of identical domain names which shall coexist.
TRANSITIONAL PROVISIONS
FIRST
All parties who have been assigned a domain name under the top level domain ".ad" at
the time these Regulations go into effect and do not have the corresponding
authorization required by the Use of State Signs Act, shall have 6 months to obtain
authorization to use ".ad" as the top level domain name for that domain name and
provide proof of this authorization to the agency that maintains the domain name.
SECOND
All parties who have been assigned a domain name for private use at the time these
Regulations go into effect shall have a 6-month priority right to obtain authorisation to
use ".ad" as the top level domain name for that domain name, adding the sub-domain
".nom", without affecting adherence to the remainder of the provisions contained in
these Regulation.
THIRD
All agencies authorized to assign and maintain a domain name under the top level
domain name ".ad" shall have six months within which to comply with the obligations
established in Rule 16.
FOURTH
Under the terms of Article 3 of the Use of State Signs Act, failure to comply with any of
the requirements established in the first or third transitional provisions within six months
of these Regulations taking effect shall entitle the Government to start disciplinary
proceedings against the applicant for the domain name and/or the agency responsible
for assigning and maintaining domain names, levying the fines stipulated in that article,
without affecting respect for all legally acquired rights.
FINAL PROVISION
These Regulations shall go into effect fifteen days after publication in the Official State
Gazette of the Principality of Andorra.
