Besides the requirements and prohibitions established by the present regulations,
regular domain names will be assigned to the first applicant having the right
to it.
2.- Rules for the assignment of a
regular domain name
2.1.-Assignment of a regular domain name will be to Spanish or foreign
natural persons with legal residency in Spain and organisations with their
own legal personality constituted according to Spanish Law, registered with
the corresponding Public Spanish Register (Registro PЗblico EspaЯol).
2.2.-Entities without distinct legal personality such as branches,
departments, local offices, secretary's offices, council offices, town councils
or any other part of an organisation cannot be assigned a domain name and
will have to register under the domain name already assigned to the whole
organisation to which they belong to with the exception of what is contemplated
in the next section.
2.3.-Notwithstanding what is envisaged in the aforementioned sections,
the first branch of a foreign organisation legally constituted and registered
in the Spanish Mercantile Register, the Ministerial Departments of the General
Administration and the Autonomous Communities Councils will qualify for assignment
of a regular domain name.
3.-Permitted Regular Domain Names
3.1.-A regular domain name will be assigned if it complies with the
following requirements:
It has not been already registered.
It complies with the syntax rules (section 3.2).
It does not come under any prohibition (section 3.3).
It complies with the general rules for domain name derivation (section
3.4).
3.2.-Syntax Rules:
The only valid characters for a domain name are the letters from the
alphabets of the Spanish languages (the Domain Name System does not differentiate
between capital and small letters), digits ("0" - "9") and the hyphen
("-") .
N.B: Until the mechanisms for approval of multilingual characters in the
DNS are not operative, no domain name containing letters from the Spanish
languages different to the ones included in the English alphabet will be
assigned under ".es". Whilst this situation persists, such letters will
have to be substituted for other similar ones (i.e.: "Я" by "n" or "ny")
Neither the first nor the last character of a domain name may be a hyphen.
The minimum permitted length for a second level domain name is 3 characters
(in order to decrease possible problems, the minimum advised is 5 characters)
The maximum permitted length for a second level domain name is 63 characters
(due to practical reasons, the maximum advised is 24 characters).
3.3.-Prohibitions. Under no circumstances will a domain name be assigned
when:
It coincides with any top level domain (for example:"edu", "com", "gov",
"mil", "org", "int", "net", "arpa") or with one proposed for one of the
groups or organisations of recognised Internet authority (for example:
"firm", "store", "web", "arts", "rec", "info", or "nom").
It is made up exclusively of toponyms (for example: countries, districts,
provinces, regions, town halls, villages, islands, the people from or
inhabitants of a place or region, mountains, seas, lakes, rivers or monuments).
It is made up exclusively of generic names (or its abbreviations) of
products, services, establishments, sectors, professions, activities,
hobbies, religions, areas of human knowledge, technologies, classes or
social groups, illnesses, animal, vegetal or mineral , qualities or characteristics
of people, live beings or things.
It coincides with names of protocols, applications and Internet terminology
(for example: "telnet", "ftp", "email", "www", "web", "smtp", "http",
"tcp", "dns", "wais", "news", "rfc", "ietf", "mbone", or "bbs").
It is exclusively made up of a combination of the cases analysed in
the three previous sections. However, the assignment of a regular domain
name will be permitted when exclusively made up of a combination of the
analysed cases in the 3 previous sections when the combination identifies
unambiguously the organisation registering a domain name. This can only
be applied to public organisms and organisations incontestably recognised
by the public throughout the whole State.
It includes terms or expressions which are against the Law, moral and
public order.
It is publicly and notoriously associated with an organisation, acronym
or trademark other than that of the domain name applicant.
It is made up exclusively of first names or surnames of people except
when it matches literally with a trademark or a commercial name registered
with the Oficina EspaЯola de Patentes y Marcas (Spanish Office for Patents
and Trademarks) or in the Office for Harmonisation of the Internal Market
in the name of the organisation or the natural person applying for the
domain name.
It is made up of a sequence of digits, except when it literally matches
with a trademark or a commercial name registered with the OEPM (Spanish
Office for Patents and Trademarks) for the organisation applying for the
domain name.
3.4.-General rules for Domain Names Derivation.
3.4.1 Only the following regular domain names will be assigned:
The full organisation name as it appears in its deed or constitution
document.
An acronym of the full name of the organisation qualified as much
as possible, so that it can be easily and directly associated with the
official name of the organisation and preferably an acronym normally
used by the organisation and legally registered with the OEPM (Spanish
Office for Patents and Trademarks).
One or more trade names or legally registered trademarks as they appear
in the register of the Spanish Office for Patents and Trademarks or
of the Office for Harmonisation of the Internal Market No sign establishments
, due to its local character will be admitted.
Natural persons will only be assigned the domain names according to
section (c), i.e. trade names or registered trademarks which they hold.
3.4.2 No organisation will be allowed to register an acronym which
does not reasonably or intuitively match up with its official name.
3.4.3 Neither will it be allowed to register domain names which
contain standbys or postscripts (such as the "net" suffix or the "inter"
prefix, etc.) which bear no relation to the official name of the organisation
applying.
3.4.4 When the application of the current general rules for domain
name derivation results in a contradiction with rules 3.2 and 3.3, the domain
name will not be admitted and will have to be modified or qualified in such
a way that complies with such rules, even when the suggested domain name
literally matches up with the full name of the organisation applying for
the domain name or with one of the registered trademarks or commercial names
registered by the applicant. For example, if it contains non-permitted characters,
these will have to be substituted by some other similar ones; if the domain
name is a generic or a toponymic one, it will have to be qualified with
the organisation╢s legal form (for example, "-sa", "-sl","-ltd", "-sc",
"fundacion-" or "fund-","asociacion-" or"asoc-") or in the case of a trademark,
with the number of the international class of services and products in which
it is registered by the domain name applicant (for example,"-38", "-c38"
or "-clase 38").
4.- Terms and Conditions
for the assignment of regular domain names
4.1-The ultimate responsibility of the use of a regular domain name
is always with the organisation for which such a domain name has been registered.
Particularly, an Internet service provider is not the administrative contact
person for a domain name assigned to an organisation to which they offer a
service; even if the provider has acted as the intermediary for the assignment
of the domain name or if the provider is managing, on behalf of the organisation,
the primary server for the second level associated to such domain name.
An organisation can keep the same regular domain name even when changing the
provider or if connected to different providers simultaneously.
4.2-In all applications for the assignment of regular domain names,
the person designated as intermediary for administrative functions must have
sufficient authority from the organisation applying for the domain name.
4.3-The assignment of regular domain names will only have validity
whilst the conditions which produced such an assignment remain valid.. The
assignment of regular domain names will be cancelled if it is proven that
the registration breached the rules or if the Administration determines that
the holder of the domain name has lost the right to the assignment.
4.4-The beneficiaries from the assignment of domain names must immediately
inform the registration authority of any changes produced in the data associated
to the registration of a domain name.
4.5-The assignment of a regular domain name does not give other right
for its use as part of the Internet domain name system.
4.6-The authority for assignment will not be, in any case, responsible
for the violation of the intellectual or industrial property rights, or of
any other rights or legitimate interests which could derive from it.
The staff and the representatives of the assignment authority will neither
be, in any case, responsible for the possible violations referred to in the
afore mentioned paragraph.
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