Domain names
What is a domain name?
A domain name is your online address on the internet. All computers on the internet have a unique identifying number - an Internet Protocol address. Because this address is difficult to remember, we use a domain name .
For example, IP Australia's Internet Protocol address is 203.21.147.134, but most people access the website using the domain name, www.ipaustralia.gov.au.
A domain name is 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 language that their customers will recognis.
Rights
When you register a domain name, you do not 'own' your domain name, but have a licence and permission to use it for a specified period of time and subject to terms and conditions.
As it is not a property asset, you cannot sell your domain name to another person. However, there are some circumstances under which a registrant can transfer your domain name licence.
For more information see the .au Domain Administrator website.
Differences between trade marks, business, company and domain names
Registering a business, company or domain name does not give you any ownership rights over that name - only a trade mark can provide that kind of protection. Make sure you are aware of the differences between trade marks, businesses, company and domain names.
How to get a domain name
As an internet site owner, it is important that you register your domain name to make sure you have the exclusive right to use that name for the duration of the licence period. Registering a domain name can also help you guard against cybersquatting.
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 'for':
- .com.au
- .net.au
- .org.au
- .asn.au
- .id.au
- .gov.au
You can register .gov.au names at domainname.gov.au.
You should also check the trade mark database to ensure your domain name will not infringe an existing trade mark.
Registering a domain name in the .au domain
In domain, names are licensed for a two-year period. In the global domain (known as the global Top Level Domain or gTLD) the licence period is one year. If you don't renew your registration your 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 licensed by a registrant; however, an applicant must meet set criteria.
No two domain names can be exactly the same. It is up to you to search the domain name database, to check that the same or a similar domain name doesn't already exist in another domain (e.g. .net.au, .com.au).
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.co.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.
Applying for a domain name
To apply for a .com.au, .net.au, .org.au, .asn.au or .id.audomain name, choose your preferredregistrar and follow their application process.
To apply for an .edu.audomain name, use the forms at AUNIC.
To apply for a .gov.au domain name apply at the Australian Government Information Management Office .
Registering a global Top Level Domain (gTLD)
There are a number of gTLDs you can choose from, such as .com, .net and .org.
Some gTLDs can be registered for as low as US$15 a year. Given that these domains 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.
Further information
Visit the Australian Domain Name Administrator (AUDA) website for further information. Your trade mark attorney or lawyer can also advise you.
Last Updated: 05/9/2011

