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Australian domain names (.com.au's) are regulated by a set of terms and conditions outlined by auDA, a self-regulatory body that has authority over the domain industry in Australia.
There are certain guidelines and requirements that one must follow in order to register a domain. Failing to do so could result in the loss of the name and any valuable time and effort put into the branding and marketing of the name.
Why all the regulations?
The restrictions and regulations seem to be put into place to prevent some of the "cyber-squatting" that you see with .com domain names. The rules help to ensure that the owner of the domain name also owns the rights to a related business name, trademark, etc.
.COM.AU Registration Requirements
In order to protect your domain name you need to make sure it passes the requirements set out by the auDA. The general idea is that your domain name must meet one of the following requirements:
- The domain name must be an exact match, acronym or abbreviation of the name of the registrant's company or trading name, organisation or association name or trademark.
- Or the domain name must be a close representation of a product, service , event, activity or venue and must be registered accordingly.
The full list of requirements and restrictions is available from the auDA website.
Frequently Asked Questions
- Can I register the domain fishandchips.com.au?
Not unless you are the legal owner of the fish and chips trademark or have a related business name.
- Can I register the domain fishandchips.com?
Yes, there are no such restrictions on .com domain names.
- What is stopping me from registering a competitors domain name?
Apart from being unethical, you could be potentially infringing a trademark or business name. If this is the case you have no legal right to the domain name, as such you cannot register it.
- What happens if I register a domain that doesn't follow the guidelines?
There is nothing stopping you from doing so. In fact the domain will work just as any other name. However, if the name is disputed in the future it will legally be the property of the business with a the related business name or trademark.
- Does my business name or trademark need to contain .com.au?
No it doesn't, but if you really want to register your business name or trademark as a .com.au that's your choice.
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| Pete commented on February 26, 2008
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Informative post Adam. I never knew there were so many rules!
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| IX-ONE commented on June 25, 2008
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The SSAC report, Domain Name Hijacking: Incidents, Threats, Risks and Remedial Actions , describes measures all parties to the registration process can take to protect domain names. Name holders (registrants) have a number of measures at their disposal that can measurably reduce the likelihood of a domain hijacking.
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| Flüge Sydney commented on November 12, 2008
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thank u for the information , I never thought about the difference between a .com domain or a .com.au domain.Nice to know it before registering my new website.
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| managed hosting solutions commented on January 20, 2009
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Great post!! Very informative.. Thanks for sharing your great tips.. :D
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| Gato commented on November 19, 2009
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Good, interesting topic Adam, futher to this I have some curly questions...
Let me paint the scenario before I ask all the my question regarding domain name registration and what is legal and not in order to safeguard my business and domain name.
Say my company is XYZ Pty Ltd and has an ACN, which means I can just go and register my domain as XYZ.Com.Au if not already taken.
However, I wish to make my domain name a bit more catchy and decide I would like to name it perhaps 'xyzindustries.com.au' or 'xyzsolutions.com.au'.
Questions:
1. Can I just go and register those catchy domains names if not taken and assume all is ok, or do I also need to register the business(trading) name in my state(Vic)?
2. If those domain names where not registered as trading names by me, do I risk losing it and can someone else just freely claim or take it off me if they decide to go and register a Company name of exactly the same name eg. 'xyzindustries pty ltd?
3. Is getting a business(trading) name registered enough to safeguard against Joe Blogg coming from Qld and registering a company name of the same name through ASIC? ...which would mean I can't use xyzindustries
My 3 questions are kind of inter related, however, the key is how do I safely protect what I register today as a domain name and not risk losing it or claimed by another person tomorrow?
Anyone had any bad experiences with domain names or got any expert advise on this topic from a legal and protection point of views?
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