As of 24 March 2022, a new domain name extension for Australian Websites came into effect. The au Domain Administrator (“auDA”) has announced that registration for the new .au extension commenced on 24 March 2022.
What is the new extension?
The new .au extension is a truncation of the previous domain names (for example — .com.au, .org.au and .net.au). Under the new regime yourwebsite.com.au could also be registered as simply yourwebsite.au.
So how does it work?
On 24 March 2022, all names in the registry prior to launch were reserved for six months, being the priority allocation period.
During this time, a person with an existing xyz.au domain name will be able to apply for the same domain name with the extension of .au.
For domain names not currently registered, there will be no limitations on applying for a .au name.
So what if two domain names are similarly entitled under priority allocation, for instance joespizzas.com.au and joespizzas.net.au? In those cases, the .au priority system applies.
The priority system works as follows:
- first priority is given to names registered on or before 4 February 2018 (category 1 applicants);
- second priority is given to names created after 4 February 2018 (category 2 applicants);
- category 1 applicants will prevail over any category 2 applicants;
- where there are multiple category 2 applicants, priority will be given to the earliest in time; and
- where there are multiple category 1 applicants, the applicants must come to an agreement and notify auDA, otherwise the registration will simply remain reserved until agreement can be reached.
In circumstances of point 5, the parties will have to renew their application every 12 months or lose their priority. A name will remain reserved until agreement can be reached, or there is only one remaining applicant with priority.
It is important to note that even if your application is uncontested you will need to apply within the priority allocation period, or the name will be available on a first come, first served basis after six months.
Despite the changes, any existing domain names will remain unaffected, and simply subject to the existing licence renewals process.
In order to obtain priority, it is essential that the applicant is the current licence holder of the existing domain name.
Changes like this to the system are a timely reminder to undertake an intellectual property audit, and ensure that not only does the correct entity or person hold the domain name, but also that relevant trademarks and other intellectual property protections are in place.
At Miller Harris Lawyers, our experience in complex and sophisticated commercial law matters means we are able to help you identify and mitigate any risks or issues, including in relation to any intellectual property queries.
If you would like more information on this or other matters, please do not hesitate to contact us on 07 4036 9700.