--- title: Could Your Website Domain Still Be Registrable Under New auDA Rules? description: Could new auDA rules restrict your .com.au or .net.au domain? 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- - - ![FAL](https://44068544.fs1.hubspotusercontent-ap1.net/hub/44068544/hubfs/2-Nov-02-2023-11-45-42-3211-AM.png?width=50&name=2-Nov-02-2023-11-45-42-3211-AM.png) FAL *Reforms accepted in principle by auDA could significantly restrict the ability of businesses to register generic and descriptive .com.au and .net.au domain names.*   ## auDA Accepts the Policy Advisory Panel's Recommendations On 7 September 2026, .au Domain Administration Limited (auDA), the not-for-profit organisation responsible for administering the .au website domain, announced that its Board had accepted in principle all ten recommendations in the final report of its external Policy Advisory Panel. The most significant of these is Recommendation 2, which will considerably narrow the circumstances in which an entity can register a .com.au or .net.au domain name – particularly where the domain name is generic or descriptive. Depending on the transitional arrangements adopted, it may also affect the continued eligibility of some existing domain names.   ## The Current Allocation Criteria Under the Licensing Rules Under the Licensing Rules, an applicant for a .com.au or .net.au domain name licence must have an Australian Presence and be a Commercial Entity as defined in the Rules. Paragraph 2.4.4 of the Licensing Rules further requires that the domain name applied for be: - a Match of the applicant's company, business, statutory or personal name; - an Acronym of that name; - a Match of the applicant's Australian Trade Mark; - a Match or an Acronym of the name of a Related Australian Body Corporate; - a Match or an Acronym of the name of a partnership of which the applicant is a partner, or a trust of which the applicant is a trustee; or - a Match or Synonym of the name of a Service the applicant provides, Goods the applicant sells, an event the applicant registers or sponsors, an activity the applicant facilitates, teaches or trains, or premises the applicant operates. The Licensing Rules define: - a *Match* as a domain name that is identical to some or all of the words or numbers in the relevant name, used in the same order and without additional words; and - a *Synonym* as a word or phrase with the same or nearly the same meaning as another, as determined by reference to the Oxford Australian Dictionary or Oxford Australian Thesaurus. ## What the Proposed Reforms Would Remove Recommendation 2 would remove the final limb of paragraph 2.4.4 – the "Match or Synonym" pathway described above. Applicants would no longer be able to register a .com.au or .net.au domain name simply because it matches the services they provide, the goods they sell, or the events, activities or premises connected with their business. Instead, applicants would need to satisfy one of the remaining allocation criteria, principally by demonstrating that the domain name matches or is an acronym of an eligible name, or matches an Australian Trade Mark.   ## Domain Names That May Be Affected As a result of these reforms, generic or descriptive domain names may no longer satisfy the allocation criteria. For example, this reform could affect domains such as: - a florist in Melbourne using melbourneflowers.com.au; - a seller of teapots using teapots.com.au; - an organiser of a community event using an event-based name such as bluefunrun.com.au; or - a kickboxing gym using kickboxing.com.au. - checking the expiry dates of existing .com.au and .net.au registrations and monitoring auDA's proposed transition arrangements, including whether there will be an opportunity or advantage in renewing affected registrations before the new allocation criteria take effect; - assessing whether their existing domain names could instead be supported by a corresponding registered business name or trade mark; and - making a submission to auDA during the public consultation on the Implementation Plan. ## Why the Panel Recommended the Change According to the Panel's Final Report, the majority of the Panel took the view that removing subparagraph (f) would place applicants "on a more consistent allocation footing" while retaining the "objective and verifiable pathways to compliance" in subparagraphs (a) to (e). The majority considered that clearer and more transparent allocation rules would support trust and confidence in the com.au and net.au namespaces for the benefit of the Australian community.   ## The Practical Impact for Applicants For applicants, the change is likely to make .com.au and .net.au registration considerably more difficult. Where an applicant is not registering their own personal name, they will generally need to hold a registered business name, company name, or Australian Trade Mark that matches the domain name – each of which carries its own registration cost and ongoing compliance obligations. Businesses wishing to keep a generic or descriptive domain name will need to consider whether that name can be registered as their business name, or as a trade mark. A domain name may not be registrable as a trade mark under the *Trade Marks Act 1995* (Cth) if it is so generic or descriptive that it cannot distinguish the applicant's goods or services from those of other traders.   ## Timing and Next Steps The recommendations are not yet in force. auDA must first prepare an Implementation Plan, which will be released for public consultation on its website. That plan will clarify how Recommendation 2 and the other recommendations will be implemented, including whether any transitional or grandfathering arrangements will apply to domain names already licensed under the current paragraph 2.4.4(f) allocation criteria.   ## What Businesses Should Do Now Businesses that may be affected should consider: There is also a practical reason not to wait. IP Australia's registration process takes a minimum of 7.5 months. Where a domain name does not match the registrant's own personal, business, company or trust name, a matching Australian Trade Mark will be the only remaining pathway to satisfy paragraph 2.4.4 once Recommendation 2 is implemented. It is therefore recommended that businesses in that position start the trade mark process well before an Implementation Plan or commencement date is announced, to avoid a gap between the rule change and registration.   ## How FAL Lawyers Can Help Our intellectual property and commercial team can help you get ahead of these changes, including by: - reviewing your current domain name portfolio against paragraph 2.4.4 of the Licensing Rules to identify names that may be exposed once Recommendation 2 is implemented; - assisting with an application for a corresponding business name if available; - assessing whether your domain name, business name or brand is likely to be registrable as an Australian trade mark; - preparing, filing and prosecuting a trade mark application through to registration. *If you rely on a generic or descriptive .com.au or .net.au domain name, now is the time to have your position reviewed. Contact FAL Lawyers' intellectual property and commercial team today for a free consultation including an assessment of your domain name and trade mark position.* Interested to find out more? Feel free to contact us today. 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