Your .com.au may soon need a trade mark: what auDA's proposed change means for your business
The organisation that runs .au domains has approved, in principle, a change that could affect millions of businesses...
Your .com.au may soon need a trade mark: what auDA's proposed change means for your business
By IP Wealth · · 6 min read
The organisation that runs Australia's .au domains has approved, in principle, a change that could affect well over a million .com.au and .net.au domain names. If it goes ahead, your domain will need to match your registered name or a registered Australian trade mark. Here is what is changing, who is most at risk, and what you can do now.
What has auDA decided?
auDA (the .au Domain Administration) regulates who can hold a .au domain and which names they can register. In August 2026 its Board approved, in principle, the recommendations of an independent Policy Advisory Panel that reviewed the .au Licensing Rules.
The headline recommendation removes what is commonly called the "close and substantial connection" test for .com.au and .net.au. Under that test, you can currently register a domain that matches or is a synonym of a product you sell, a service you provide, an event you run or premises you operate.
Without that pathway, a .com.au or .net.au domain would generally need to match one of these:
- your company or entity name (or an acronym of it)
- a registered business name you hold
- an Australian trade mark you own or have applied for
Who is most likely to be affected?
Industry estimates suggest more than one million domains rely on the connection test, possibly over two million. Most of these are not held by speculators. They belong to ordinary businesses that registered a descriptive or product-based domain, for example:
- a bakery trading as "Jane's Bakery" that uses applepies.com.au
- a mortgage broker that uses mortgagebrokersydney.com.au
- a business that registered a domain for a new product or sub-brand before getting around to registering the brand itself
- a group of companies where one entity holds domains for brands used by other entities in the group
Key point: nothing has been cancelled yet
The Board's approval is "in principle". auDA must still prepare an implementation plan, draft new Licensing Rules and consult the public. There is no start date, and no transition arrangements have been announced for existing domains. That gives businesses time to get ahead of it.
Why a registered trade mark matters here
A descriptive domain such as "plumbergoldcoast.com.au" will rarely match a company name, and registering a business name just to hold a domain is a workaround rather than real brand protection. A registered trade mark does two jobs at once:
- It can support your domain eligibility if your domain matches the mark.
- It gives you exclusive rights to use the brand for your goods and services across Australia. That includes stopping copycats online, on marketplaces and on social media.
A business name registration gives you neither of those rights. It simply lets you trade under that name.
The catch: descriptive names are hard to register
Not every domain can become a trade mark. IP Australia will object to names that simply describe the goods or services or their location. It recently refused "Brisbane Stadium" for exactly that reason. If your domain is purely descriptive, the better long-term answer may be a distinctive brand, with your domain built around it.
What you can do now
- List your domains. Include every .com.au and .net.au your business holds, including campaign and product domains.
- Check the eligibility basis. Your registrar can show what each domain was registered under. Flag anything relying on a product, service, event or premises connection.
- Match domains to rights. For each flagged domain, ask: does it match our entity name, a business name we hold, or a trade mark we own?
- Close the gaps. Where a domain matches a brand you use but have not registered, consider filing a trade mark application. In many cases, the eligibility details on an existing domain can then be updated.
- Watch for consultation. auDA will consult on the draft rules. If your business depends on descriptive domains, have your say.
Frequently asked questions
Will my .com.au domain be cancelled?
Not yet. auDA has approved the change in principle only. It still needs to prepare an implementation plan and consult on new Licensing Rules, and no domains have been suspended or cancelled as a result.
Does a registered business name protect my brand?
No. A business name registration lets you trade under that name, but it gives you no exclusive rights to it. A registered trade mark does.
Can I trade mark my domain name?
Often, yes, if it is distinctive and you use it as a brand for your goods or services. Purely descriptive names, such as a service plus a location, are usually difficult to register without strong evidence of use.
Does this affect the shorter .au domains?
The connection test being removed applies to .com.au and .net.au registrations. Direct .au domains already have their own eligibility rules. Check with your registrar or an adviser about your specific domains.
Not sure if your .com.au is covered?
IP Wealth can review your domains against your trade mark and business name registrations and tell you where the gaps are, in plain English.
Book a quick check Or call us on 1800 857 070This article is general information only and is not legal advice. It reflects publicly available information about auDA's .au Licensing Rules review as at 5 October 2026, and the proposed changes may be modified before they take effect. Speak with our team about your personal circumstances. © 2026 IP Wealth Pty Ltd.
