Get ready now for next year's big change 4 min read
From 24 March 2022, .au direct domain names (eg 'allens.au' instead of 'allens.com.au') will be open for registration by anyone with an Australian presence.
Preparations can be made now to ensure your business will be first in line to secure an exact match of its existing .au domain name, or a new .au direct domain name of its choice.
How does this affect you?
- Unlike existing .au domain namespaces such as .com.au, which have stringent eligibility criteria, the only eligibility criteria for .au direct domain names will be that the registrant has an Australian presence.
- For a six-month period from 24 March 2022 only, registrants with an existing .au domain name (eg 'allens.com.au') can apply for 'Priority Status' to register an exact match of the existing .au domain name as a .au direct domain name (eg 'allens.au'). If no application for Priority Status is made during this period, the .au direct domain name will become available to the public on a first come, first served basis.
- If more than one eligible person applies for Priority Status, a priority allocation process will be used to determine who will receive the new .au direct domain name.
Who in your organisation needs to know about this?
Legal, risk and compliance, IT, marketing and communications.
Why direct domain names?
The launch of .au direct domain names will allow registration of shorter, more appealing and more memorable domain names. It will also open up opportunities for businesses to register as a new direct domain name, any generic name (eg cakes.com.au) which was already registered by another party and no longer available as a third level .au domain name (provided that other party does not claim Priority Status as explained further below).
Who will be eligible to apply?
Registration of .au direct domain names will be much easier than registration of .com.au or other existing .au domain namespaces.
The only eligibility criterion is that the registrant must have an Australian presence. This can be satisfied if the registrant is, for example: (i) an Australian citizen or permanent resident visa holder; (ii) a company registered under the Corporations Act 2001 (Cth); (iii) a foreign company under the Corporations Act with an Australian Registered Body Number (ARBN); or (iv) an entity issued with an Australian Business Number (ABN). Australian presence can also be satisfied if the registrant holds an application or registration of an Australian trade mark, provided the relevant domain name is an exact match of the trade mark. The registrant will be able to register any .au direct domain name which is available, meets the syntax requirements and does not appear on the Reserved Names List (which includes words such as TAFE, Olympics, Centrelink, etc.).
In comparison, as we previously reported, new rules which came into force from 12 April 2021 imposed even stricter eligibility requirements on third level .au domain names. For example, to register or renew a .com.au domain name, it must be a match or an acronym of the name of the registration or a related body corporate, a match of the registrant's Australian trade mark or a match or synonym to a service, good, event, activity or premises which the registrant provides.
Why your business should take action soon
Applying for a .au direct domain name is optional and failure to do so will not affect your ownership of, or eligibility for, existing .au domain names. However, you may wish to take the opportunity to consider registering additional direct domain name versions of existing .au domain names, replacing existing .au domain names with direct domain name versions, or registering new direct domain names.
For a six-month period from 24 March 2022 only, the registrant of an existing .au domain name (such as a .com.au, .net.au or .org.au domain name) will be able to apply for 'Priority Status' to register the exact match of its existing Australian domain name as a .au direct domain name. During this period, these exact match domain names will be reserved and not open for registration by any other person not eligible to apply for Priority Status for these domain names.
If an eligible person fails to apply for Priority Status within the six-month period, they will not lose the chance to contest a domain which infringes their registered trade mark. For example, if Person A registers a .au direct domain name which is identical or confusingly similar to Person B's registered trade mark, Person B will still be able to file a dispute in the usual manner under the .au Dispute Resolution Policy (auDRP). Person B would need to establish that Person A has no rights or legitimate interests in respect of the domain name, and has registered or used the domain name in bad faith.
Applications for Priority Status can be made in the usual manner through an accredited registrar. If no such applications are made in the relevant period, these domain names will become available for registration by anyone with an Australian presence on a first come, first served basis.
In a small number of cases, there may be multiple persons who are eligible to apply for Priority Status. For example, if Applicant A own the domain name allens.com.au, and Applicant B owns the domain name allens.net.au, both would be eligible to apply for allens.au. If this applies, the priority of the applicants will be determined in accordance with specific new rules which have been set out by auDA.
Contact us
If you have any questions or would like any assistance relating to the new .au direct domain names regime, please get in touch with our team.