Home – New Forums Selling online Australian Domain Name Ownership

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  • #988020
    Advocatus
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    I would eventually like to expand my small online business into Australia using same Australian Domain that I use for my online business in New Zealand. I have contacted the owner who owns the same Australian domain name equivalent. At the moment he has got the domain name out for tenders which expire in about 1 weeks time.

    I don’t have Australian Business Number (ABN) or Australian Registered Business Number (ARBN) to register Australian domain name, but will I be able to buy the domain name from him without ABN or ARBN and retain ownership since it has already been registered?

    #1165283
    JohnW
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    I’m not an expert in AU domain name regs.

    I don’t believe you need to be an Aust resident business to register an AU domain name.

    What may be at risk is your domain name ownership if an Australian business with that name or the owner of an Aust registered trademark of that name claims the domain name from you.

    The Aust. courts have been supporting Aus businesses with a logical claim to the name and over-turning domain name ownership on these grounds. This might be considered an anti-domain name squatting policy.

    The Aust domain registrar has essentially changed its regulations to reflect these legal rulings.

    Have you checked out the AU domain authority rules and regs at: http://www.auda.org.au?
    Regs,
    JohnW

    #1165284
    Anonymous
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    Hi Advocatus,

    It’s off topic to your question, but I just wanted to welcome you to Flying Solo.

    Looks like JohnW has kicked things off with some helpful info there :)

    Jayne

    #1165286
    Advocatus
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    FS Concierge, post: 191386 wrote:
    Hi Advocatus,

    It’s off topic to your question, but I just wanted to welcome you to Flying Solo.

    Looks like JohnW has kicked things off with some helpful info there :)

    Jayne

    Hi Jayne,

    Thank you for the very warm welcome.

    #1165287
    Advocatus
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    JohnW, post: 191375 wrote:
    I’m not an expert in AU domain name regs.

    I don’t believe you need to be an Aust resident business to register an AU domain name.

    What may be at risk is your domain name ownership if an Australian business with that name or the owner of an Aust registered trademark of that name claims the domain name from you.

    The Aust. courts have been supporting Aus businesses with a logical claim to the name and over-turning domain name ownership on these grounds. This might be considered an anti-domain name squatting policy.

    The Aust domain registrar has essentially changed its regulations to reflect these legal rulings.

    Have you checked out the AU domain authority rules and regs at: http://www.auda.org.au?
    Regs,
    JohnW

    Hi John,

    Thank you for your reply. I took your advice and emailed auda.org.au to see what they would say before replying to your message. Here is my reply from Auda below.

    “You cannot buy or register any com.au (or any .au) domain name without a legal presence in Australia.

    The com.au domain space is for the use of Australian commercial entities. Foreign (non-Australian) companies may only register a com.au domain name if they are registered to trade in Australia with the Australian Securities and Investment Commission (ASIC), or if they own or have a pending application for an Australian registered trade mark. Please refer to the Domain Name Eligibility and Allocation Policy Rules for the Open 2LD (2012-04) at http://www.auda.org.au/policies/auda-2012-04/.

    For information about how to register with ASIC, please refer to http://www.asic.gov.au/asic/asic_pub.nsf/byheadline/Foreign+Companies?opendocument#711.

    For information about how to register a trade mark in Australia, please refer to http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/apply-for-a-trade-mark/

    I’m assuming the only way I can get around this problem is to apply for Australian Trade Mark.

    #1165288
    JohnW
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    Hi,
    Seems I’m well out of touch with the latest AUDA regs. Thanks for the update.

    Good luck & regs,
    JohnW

    #1165289
    Divert To Mobile
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    Hi Advocatus,

    You need either an ABN or a trademark to register a .com.au or .net.au

    Steve

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