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Domain Names
What is a domain name?
A domain name is, in essence, your online
identity or brand. Like other aspects of your
business, effective use of your domain name is
important to your success.
A domain name can be promoted so that
customers can easily find your specific goods
or services. Each website has its own distinct
domain name allowing it to be
distinguishable from other sites. For the most
part, domain names are easy to remember
because they are usually made up of a
business name and a commonly understood
term or category.
Be aware that there are no proprietary rights
in a domain name. The registrant does not
‘own’ their domain name. Rather, they have
a licence to use the domain name for a
specified period of time and are subject to the
licence terms and conditions. As a domain
name is not a property asset, registrants
cannot sell their domain name to another
person. However, there are some
circumstances under which a registrant may
transfer their domain name licence. Visit the
.au Domain Administration website at www.auda.org.au for
information on those
specific circumstances.
Is your chosen domain name available?
You can check the status of an existing
domain name and find out whether a name is
available for registration by using the public
WHOIS service. For .com.au, .net.au, .org.au,
.asn.au or .id.au and .gov.au names, use the
AusRegistry WHOIS Service www.ausregistry.com.au.
For .edu.au names
use the AUNIC Status service,
www.aunic.net/aunicstatus.html. It is also a
good idea to check the trade mark database
to ensure your domain name will not infringe
an existing trade mark. See IP Australia’s
trade mark database at
www.ipaustralia.gov.au/trademarks/search_index.shtml
Registering a domain name in the .au domain
In July 2002 a new regulatory regime for .au
domain names was introduced by .au Domain
Administration Ltd (auDA), the Government endorsed
manager of the .au domain space.
auDA has also implemented a number of
significant changes to the policies governing
the registration of the .com.au, .net.au,
.org.au, .asn.au and .id.au. Essentially, the
changes introduce a relaxation of the rules
enabling registration of your domain name to
be far easier and more convenient.
It is important that Internet site owners
register their domain name to ensure they
have the exclusive right to use that name for the duration of the licence period. Registering
a domain name can also help the site owner
guard against cybersquatting. In .au, domain
names are licensed for a 2 year period, no more and no less. In the global domain (known as the global Top Level Domain) the licence period is 1 year. If the registrant fails to renew, then the licence will be cancelled and the domain name will become available for registration by someone else.
Anyone can register an Internet domain name
in the .au domain by submitting a registration
form to an auDA accredited registrar or one of
their appointed resellers. There is no restriction
on the number of domain names that may be
licenced by a registrant; however, an applicant
must meet set criteria.
To apply for a .com.au, .net.au, .org.au, .asn.au
or .id.au domain name, choose your preferred
registrar and follow their application process.
Find the list at www.auda.org.au/registrars/
To apply for an .edu.au domain name, use the
forms at www.aunic.net
To apply for a .gov.au domain name apply at
the Australian Government Information Management Office, www.govonline.gov.au
No two .com.au domain names can be exactly
the same. It is up to you to search the domain
name database, as no test is made to ensure
that the same or a similar domain name already
exists in another domain (e.g. .net.au, .com.au)
Your domain name is valid globally and cannot
be used by any other person or company in the
world. However, if you have registered a name
such as smith.com.au for your Australian
operations, be aware that the sub-domain
name smith can be used in other permutations,
such as smith.com.uk or smith.net.au or even smith.com.
Since 1 July 2002, the .au domain name market
has been opened up to competition and
registrars/resellers charge different prices. For
pricing comparisons, see www.whatsinaname.com.au
Registering a global Top Level Domain (gTLD)
There are a number of gTLDs you can choose
from, such as .com, .net and .org. Information
about these is available from InterNIC in the
United States. Some gTLDs can be registered for
as low as US$15 a year. Given that these
domain systems are international, you will not
need an ACN or ABN to register them.
Information about the registrant of a domain
name is publicly available via the WHOIS service
to allow rapid resolution of technical problems
and to permit enforcement of consumer
protection, trade mark and other laws. For a
list of Registrars for gTLDs, see www.icann.org
New generic top level domains (gTLDs)
The Internet Corporation for Assigned Names and Numbers (ICANN) is developing a process to allow any organisation to introduce its own gTLD. This could lead to the introduction of many new gTLDs, not just the familiar ‘.com’, ‘.org’ or ‘.net’. This could eventually result in domain names ending with words like ‘.movie’, brand names like ‘.qantas’, or even city names like ‘.canberra’.
ICANN is proposing they publish all new gTLD applications on its website for at least 90 days. This will allow ICANN to complete a technical assessment on the application and will allow people to raise objections to the new gTLD if they think it infringes on their rights. ICANN have published a draft Applicant Guidebook which includes proposed mechanisms for protecting existing trade mark rights.
The Department of Broadband, Communications and the Digital Economy has developed a fact sheet on ICANN's new gTLD process that provides information on ICANN's plan, what it means and how you can get involved. Visit the Department of Broadband, Communications and the Digital Economy to view this fact sheet and for information on how to access ICANN's Applicant Guidebook.
Who can help?
Visit the www.auda.org.au website for further
information. Your trade mark attorney or lawyer can also advise you.
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