Registration of Domain Names in Singapore

Introduction

With the increasing use of the Internet as a means of conducting business, many traders have now realised the importance of registering their trade names or trade marks as domain names.

In many countries, domain names are assigned to applicants on a "first come-first served" basis. Many traders may surprisingly find that their trade names or trade marks have been registered as domain names by third parties. While these traders are not entirely without remedies, the process of rectifying the unhappy situation may be costly, time-consuming and unpredictable. Therefore, it is advisable for traders to register their trade names or trade marks, especially valuable ones, as their domain names as soon as possible.

This article seeks to throw some light on the domain name registration procedure in Singapore.

Administrator of Domain Names Registration in Singapore

The body entrusted with the registration of domain names in Singapore is the Singapore Network Information Centre ("SGNIC") Private Limited, a subsidiary company of NCB Holdings Pte Ltd, a Singapore Government organisation. SGNIC were incorporated on 18 June 1997.

Their website can be found at http://www.nic.net.sg

Registration of Third-Level Domain Names Only

SGNIC expressly notify interested parties that SGNIC would allow registration of third-level domain names only. This is because the second-level domain names have been reserved for pre-defined second-level domain name categories. The reservation of the second-level domain names serves to facilitate proper and orderly organisation of the Singapore domain space.

At present, applicants for domain names in Singapore have the following options when choosing a second-level domain name category:

  • (1).com.sg - choose this if the applicant is a commercial entity;
  • (2).org.sg - choose this if the applicant is a "not-for-profit" organisation which is registered or about to be registered with the Singapore Registry of Societies;
  • (3).net.sg - choose this if the applicant is an Internet network provider in Singapore;
  • (4).gov.sg - choose this if the applicant is a body of the Singapore Government;
  • (5).edu.sg - choose this if the applicant is an educational institution which is registered with the Singapore Ministry of Education.

SGNIC have the power to introduce new second-level domain name categories as and when the need arises.

Searches of the Singapore Trade Mark Register and Register of Companies and Businesses

SGNIC would require applicants to represent and warrant to SGNIC that, inter alia:-

  • (1)the registration and use of the proposed domain names will not infringe any trade mark registrations in Singapore; and
  • (2)the proposed domain names are not identical or confusingly similar to a registered trade mark, company name or business name in Singapore.

The applicants should therefore conduct a prior due diligence search of the Singapore Trade Mark Register, and the Register of Companies and Businesses for identical or similar registered trade marks, company names or business names to enable them to make such representations and warranties to SGNIC.

Domain Name Registration Agreement

The applicants are to note that, by completing and submitting to SGNIC the application form for registration of domain names, they are deemed to have agreed to abide and be bound by SGNIC's Domain Name Registration Standard Agreement.

The Domain Name Registration Standard Agreement requires each applicant to, inter alia:-

(1)make certain warranties to SGNIC eg,

  • (A)warranties relating to a third party's registered trade mark, company name and business name as mentioned above;
  • (B)a warranty that the use of the domain name is for lawful purposes;
  • (C)a warranty that the use of the domain name does not interfere with the legal rights of any party in Singapore.

(2)have two name servers connected to the Internet and capable of receiving queries for the domain name and responding thereto. The two name servers must be operational within thirty (30) days from the date after SGNIC inform the applicant that his application has been approved. The two name servers may be provided by foreign or local service providers, or a mixture of both.

(3)agree not to use the domain name registrations as a defence in any legal proceedings brought against the applicant by third parties in connection with the applicant's registration or use of the domain name (that is, issue of ownership of the domain name).

(4)observe and agree to certain procedures relating to resolution of disputes between the applicant and third parties regarding the use or registration of the domain name by the applicant.

The current version of the Domain Name Registration Standard Agreement can be found at the website of SGNIC.

Foreign Applicants

A foreign organisation which is not registered in Singapore may register its domain name in Singapore but it would be required to appoint a local representative to act as its administrative contact in Singapore.

SGNIC would require to see the letter from the foreign applicant authorising the local representative to act as its administrative contact.

Application for Domain Names

SGNIC require applicants to submit the application forms for registration of domain names as part of an e-mail text.

Among the information required by SGNIC are those relating to the following:-

  • (1)particulars of the applicant;
  • (2)particulars of the applicant's administrative contact (necessary if the applicant is a foreign organisation not registered locally);
  • (3)particulars of the applicant's billing and technical contacts;
  • (4)particulars of the two name servers.

This article is intended to provide a general guide to the subject matter and should not be treated as legal advice. Specific legal advice should be sought by you about your particular case and special circumstances.

For further information/enquiries, please contact:

Mr TAN Bok Hoay / Mr ER Lip Khoon
Donaldson & Burkinshaw
24 Raffles Place 
Clifford Centre
Singapore 048621
Tel No.:(65) 533 9422
Fax No.:(65) 533 7806
E-mail:  Click Contact Link