Registering an Australian domain name

To be eligible for a .com.au or .net.au domain name, you must be:

(a) an Australian registered company; or

(b) trading under a registered business name in any Australian State or Territory; or

(c) an Australian partnership or sole trader; or

(d) a foreign company licensed to trade in Australia ; or

(e) an owner of an Australian registered trademark; or

(f) an applicant for an Australian registered trade mark; or

(g) an association incorporated in any Australian State or Territory; or

(h) an Australian commercial statutory body.

Domain names have to be an exact match, abbreviation or acronym of your businesses commercial name or trade mark, or "closely or substantially connected" to the registrant because the domain name refers to:

(a) a product that you manufacture or sell;

(b) a service that you provide;

(c) an event that you sponsor;

(d) an activity that you facilitate, teach or train;

(e) a venue that you operate; or

(f) a profession that your employees practice.

Obscene and offensive words and words considered "contrary to public policy" cannot be used in a licensed domain name.

The administering body has the discretion to decide which names fall into those categories.

When you register a domain name, check to see whether the name has been registered elsewhere. In other words if you are registering Mycompany.com.au maybe someone has registered Mycompany.com already.

You can check to see who owns a domain name if it is already taken by looking up what we call a ‘whois’ search.

Another business may object to the name you choose.

Your domain name may breach the trade mark rights of a - third party where the complaining party has registered their name as a trademark or it may constitute misleading and deceptive conduct under trade practices legislation.

Subject to the requirements set out above, .com.au and .net.au domain names are licensed on a "first-come, first-served" basis.

Where a domain name is already licensed or there is an application pending for that name, no further application is accepted for that name until the existing licence is revoked or the pending application is refused. B&BD