New generic top level domains (gTLDs)

6 July 2010

The Internet Corporation for Assigned Names and Numbers (ICANN) is developing a process to allow any organisation to introduce its own gTLD. This could lead to the introduction of domain names ending with words, brand names or even city names. Partner Andrew Nicholson reports that information provided by IP Australia is a useful start to understanding the issues surrounding domain names.

ICANN is proposing to publish all new gTLD applications on its website for at least 90 days which will allow it time to complete a technical assessment on the application as well as allowing time for the lodgment of an objection to the new gTLD if it infringes on the person or company's rights.

Important questions and processes

What is a domain name?

A domain name is, in essence, your online identity or brand. It can be promoted so that customers can easily find your specific goods or services.

There are no proprietary rights in a domain name. Rather, the registrant has a licence to use the domain name for a specified period of time and is subject to the licence terms and conditions. As a domain name is not a property asset, registrants cannot sell their domain name to another person. However, there are some circumstances under which a registrant may transfer their domain name licence. Go to www.auda.org.au for more information.

Domain name availability

The status of an existing domain name can be checked using the public WHOIS service. For. com.au, .net.au, .org.au, .asn.au or .id.au and .gov.au names, go to www.ausregistry.com.au and for .edu.au names go to www.aunic.net/aunicstatus.html.

The trademark database should also be checked to ensure your domain name will not infringe an existing trademark using IP Australia's trademark database.

Registering a domain name in the .au domain

In July 2002 a new regulatory regime for .au domain names was introduced by .au Domain Administration Ltd (auDA), the Government endorsed manager of the .au domain space. auDA has also implemented a number of significant changes to the policies governing the registration of the .com.au, .net.au, .org.au, .asn.au and .id.au. Essentially, the changes streamline the registration process.

Internet site owners should register their domain name to ensure they have the exclusive right to use that name for the duration of the licence period. This can also help the site owner guard against cybersquatting. In .au, domain names are licensed for a 2-year period. In the global domain (known as the global Top Level Domain) the licence period is 1 year. If the registrant fails to renew, then the licence will be cancelled and the domain name will become available.

Anyone can register an Internet domain name in the .au domain by submitting a registration form to an auDA accredited registrar or one of their appointed resellers. There is no restriction on the number of domain names that may be licenced by a registrant; however, an applicant must meet set criteria.

To apply for a .com.au, .net.au, .org.au, .asn.au or .id.au domain name, choose a registrar and follow their application process.

To apply for an .edu.au domain name, use the forms at www.aunic.net and for a .gov.au domain name go to Australian Government Information Management Office.

As no two .com.au domain names can be exactly the same, users must check the domain name database, as no test is made to ensure that the same or a similar domain name already exists in another domain. Your domain name is valid globally and cannot be used elsewhere. However, if you have registered a name such as smith.com.au for your Australian operations, the sub-domain name smith can be used in other permutations, such as smith.com.uk or smith.net.au.

The .au domain name market was opened up to competition in July 2001 and registrars/resellers charge different prices. For pricing comparisons, see www.whatsinaname.com.au.

Registering a global Top Level Domain (gTLD)

There are a number of gTLDs to choose from, such as .com, .net and .org. Information about these is available from InterNIC in the United States. As these domain systems are international, an ACN or ABN is not required to register them. Information about the registration of a domain name is publicly available via the WHOIS service to allow rapid resolution of technical problems and to permit enforcement of consumer protection, trademark and other laws. A list of Registrars for gTLDs is available at www.icann.org.

For more information about this or any other IP matter, please contact:

Andrew Nicholson | Partner
Mullins Lawyers
t +61 7 3224 0261
f +61 7 3224 0333
anicholson@mullinslaw.com.au