The further the world progresses into the digital age and an economy centred around information technology, the greater reliance we place on the internet for the purposes of growing a business. Consequently, it is of vital importance not only to secure the most appropriate domain name(s) for your business, but to continue satisfying the eligibility and allocation criteria relevant to the type of domain name being licensed. Rules that govern these criteria, as well as the general rules for licensing of domain names in the .au domain space, are set by the .au Domain Administration Limited (the administrator of, and Australian self-regulatory policy body for the .au country-code Top Level Domain).
Australian Domain Name Eligibility and Allocation Rules
Any entity seeking to licence a domain name in the .au domain space must have an “Australian Presence”. The “Australian Presence” requirement is generally satisfied if the entity seeking the domain name licence is regulated under the laws of Australia, including companies and citizens or permanent residents. Foreign entities are only able to satisfy this requirement through the application or registration of an Australian trade mark, and the domain name must be identical lettering to that trade mark.
There may be additional eligibility and allocation requirements for specific .au domain names paces. For example, if applying for a licence in the .com.au or .net.au domain space, then:
- the licensee must be a “commercial entity” (including Australian businesses, as well as an overseas entity with at least a relevant Australian trade mark application); and
- the domain name applied for must be a match or acronym of the of the entity’s name, a match of that entity’s Australian trade mark application or registration, or a match or synonym of the name of the entity’s goods or services.
When applying for and renewing the licence for a domain name in the .au domain space, you also warrant that you currently (and will continue to) meet the specific eligibility and allocation criteria for the duration of the licence, and that the use of that domain name is not for any unlawful purpose. A breach of any of these warranties or the eligibility and allocation criteria may lead to suspension or even cancellation of the licence.
Importance of Registration
Compliance with these rules ensures that your .au domain name is not suspended or cancelled. Consequently, you:
- reduce the likelihood of any interruption to your business’ website, ensuring that consumers remain able to view your website(s), make purchases and have continued contact with you;
- improve your business’ reputation and consumer confidence/trust, by being more reliable; and
- improve your business’ visibility, including through search engine optimisation.
All of the above helps to safeguard that your domain names and websites, acting as your online brand, remain as a key asset in marketing of your business’ goods and services.
For further information or if you have any queries regarding your eligibility to licence or continue being the licensee of a domain name in the .au domain space, whether there have been any recent changes to your business or otherwise, please reach out to our team for assistance. Our Brisbane and Melbourne-based trade mark attorneys are available to discuss your specific circumstances and IP needs.
