08 Dec Registering a .au Domain for your business: what you need to know
If you’re a business owner, it’s important to build your web presence to meet your customers’ new expectations. And one of the best ways to build and maintain your online reputation is by registering a “.au domain name”. That way, your customers will know that your website is official and reputable and it will prevent others from using your name associated with the .au extension. In this blog post, we’ll discuss the benefits of registering a .au domain for your business and the risks you take if you don’t.
What is the new .au Domain?
In 2022, the au Domain Administration (auDA, the organisation which is responsible for managing domains in Australia), introduced second level .au domains. With the introduction of the new .au extension, businesses with Australian sites can now obtain website domains which are considerably shorter in length. As such, business who register with the new domain name will have URLs which end in .au instead of .com.au, .net.au or .org.au.
This new domain was made available on 24 March 2022. A priority period which finished on 20 September 2022 allowed existing domain registrants to secure their .au domain name before those .au domains were made available to the general public. Consequently, any .au domain name which has not been allocated is now available to be registered by the general public. The general public includes any individual, company or other legal entity.
The consequences for failing to register your .au domain name are varied.
What happens if you don’t register the .au Domain name?
Although there is no legal obligation for you to register the .au domain, if you don’t, you may expose your business to the following risks.
Cybersquatting and fraud
If you are a business owner, you should see your website as part of your Intellectual Property portfolio. It can be a true asset if used correctly. It’s now very easy for anyone to obtain a au. domain, as all that is required is that the person or legal entity have a connection to Australia (e.g. a resident).
Therefore, if you do not register the new domain, there is nothing to stop someone else from registering a .au domain. For example, if you own www.australiandomain.com.au, you should apply for the registration of www.australiandomain.au to prevent anyone else from registering this variation of your domain.
Some people intentionally register those domains that already belong to someone and use it as leverage when asking for a ransom to assign the domain to the true owner of the name. This is called cybersquatting. If this occurs, your business will need to enter a lengthy and costly process to recover the domain.
There is also a real possibility your customers may be confused and visit this website instead of yours. You might loose traffic and sales. If cyber criminals obtain your domain name, they may attempt to impersonate your business through a similar business email to your, and compromise your activities. This refers to processes such as phishing or spoofing, where online criminals use similar names, domains and logos to pretend to be a trusted business or co-worker in order to obtain personal, confidential and valuable data and make a profit from it.
Protecting your brand and online presence
Registering a .au domain name is an invaluable tool in protecting your brand and trademark. Due to the growing online competition, it’s filling up fast, so the sooner you register your .au domain name, the better. This extra layer of protection serves as a defensive measure against malicious users and potential trademark infringement, allowing for greater control and peace of mind about rights to a certain website address. Furthermore, having a registered trade mark is an effective way to obtain official rights and being able to enforce those rights. By being able to safely secure an .au domain name that carries your trade mark, you have an opportunity to maximize the visibility and profitability of your brand.
Furthermore, ensuring that you are the primary user of your .au domain is incredibly important for protecting the Search Engine Optimisation (SEO) of your website. If someone else were to use the same .au domain, it could affect how visible and accessible your website is on search engines, leading to loss in traffic as well as potential customers. To prevent this from occurring and to ensure that you maintain control over your SEO performance, be sure to only use the .au domain associated with your business.
What to do if someone registered the au. domain before you?
If you had planned registering a .au domain name, and someone else beat you to it, your first step should be to contact a lawyer. They will be able to review the current ownership of the domain, established legal rights that could affect your claim to the domain, and inform you of any other potential legal proceedings. If the registration has been determined to have been made in bad faith, you may be eligible to file a complaint with auDA in order to transfer ownership of the domain name.
Before making any decisions or filing any formal complaints however, it is very wise to consult with a specialist IP lawyer and ensure that all applicable laws are being adhered to in order to protect yourself and your interests. Learn more about resolving a domain name dispute with the auDRP here.
Key Takeaways
Your digital identity is an important part of your business’ brand and intellectual property. In order to prevent subsequent disputes arising in relation to your domain name, it is best practice to apply for the au. domain name quickly.
AuDA notes that the price paid depends on the registrar chosen. However, auDA sets the wholesale price for .au domains at $8.61/year inc. GST (as at 1 June 2022). Registrars such as Godaddy will set retail prices.
You can register your new domain name here or through a auDA accredited registrar where you will need to provide evidence of your Australian presence which is then validated by a auDa accredited registrar.
If your .au domain is already taken, feel free to get in touch with our lawyers by filling out the contact form or by calling our office so we can discuss your options.
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Ian Aldridge is the Founder and Principal Lawyer Director at Progressive Legal. He has over 15 years experience in advising businesses in Australia and the UK. After practising in commercial litigation for 12 years in major Australian and International Law Firms, he decided to set up a NewLaw law firm in Australia and assist growing Australian businesses. Since then, he has advised over 2,500 small businesses over the past 6 years alone in relation to Intellectual Property Law, Commercial, Dispute Resolution, Workplace and Privacy Law. He has strived to build a law firm that takes a different approach to providing legal services. A truly client-focused law firm, Ian has built Progressive Legal that strives to deliver on predictable costs, excellent communication and care for his clients. As a legal pioneer, Ian has truly changed the way legal services are being provided in Australia, by building Legal Shield™, a legal subscription to obtain tailored legal documents and advice in a front-loaded retainer package, a world-first. He has a double degree in Law (Hons) and Economics (with a marketing major). He was admitted to the Supreme Court of NSW in 2005.