What is an ".au" domain name?
Previously, the Australian-linked domain names available to most businesses in Australia were limited to .com.au and .net.au.
However, from 20 September 2022, a new .au domain will be available to any entity or person with an Australian presence (i.e. Australian residents, companies and other institutions, or overseas entities with Australian trade mark applications or registrations).
Importantly, unlike the ".com.au" or ".net.au" domains, there is no requirement for the registrant to have registered a company name, business name, trust name or trade mark which corresponds to the domain name.
From 20 September, the .au version of an existing domain name will be available on a 'first come, first served' basis – and could therefore be adopted by a third party that has no connection to the business located at that existing domain name.
Subject to auDA dispute resolution policies, this could include, for example, a competitor (who knowingly acquires a similar domain name to direct traffic to its own website), a domain name reseller (who acquires a similar domain for the purpose of reselling it for profit) or an unwitting third party (who acquires the domain name without any ill motive).
What is the priority registration period?
If you wish to secure a .au domain name that matches your existing domain names, a priority system is now available – which opened on 4 March 2022 and runs until 20 September 2022.
Your business will be able to use this priority system to register your current domain name, with the new ".au" namespace. For example, the current owner of orangefrog.com.au can apply for the priority registration of orangefrog.au.
If two entities make a priority claim for the same .au domain name (e.g. the holder of orangefrog.com.au and the holder of orangefrog.net.au each apply for orangefrog.au), their priority claims will be assessed based on the respective creation dates of their original domain name. Specifically:
- first priority will be given to domain names that were created before 4 February 2018 and second priority to any domain names created after that cut-off date;
- if both holders have first priority domain names (based on their respective creation dates), they must negotiate between themselves who will be allocated the identical .au domain name; and
- if both holders have second priority, the holder with the earliest creation date will be allocated the .au domain name.
How can we help?
Our team is experienced at advising on domain name issues, including dispute proceedings and general brand protection advice.
We recommend you determine your internal strategy regarding the new ".au" domain names and act fast to take advantage of this opportunity to bolster and protect your business' online branding.
