Foreign company registering AU domains

If you are a foreign company wanting to do business in Australia, you cannot register a .com.au or .net.au without an ABN (Australian Business Number), ACN (Australian Company Number), ARBN, trademark number or trademark application number.

If you do not have any of the above numbers, and you do not intend to have an Australian office, then the easiest way to register an Australian domain name is to register an Australian trademark because registering an ARBN requires that you have a local agent for the receiving of official documents.

How do I register an Australian domain name with a trademark?

If you are the legal owner of an Australian trademark or you have an application pending for an Australian trademark, the trademark number OR trademark application number will allow you to meet the requirements to register an Australian domain name as a foreign company. If you have registered or are registering under the Madrid Protocol, you will also be eligible for an Australian domain name.

Thanks to the Madrid System for International Registration of Marks, a trademark owner is offered the possibility to have a trademark protected in several countries within the Madrid Union of countries by simply filing one application directly with their own national or regional trademark office, or designating further countries subsequently. The Madrid System has been around for over a century and functions under the original 1891 Madrid Agreement and the more recent 1989 Madrid Protocol.

Australia is a member of the Madrid Union.  http://www.wipo.int/treaties/en/documents/pdf/madrid_marks.pdf lists the members of the Madrid Union. As a member, a foreign trademark owner can designate Australia in their international applications, provided the trademark is registered in a country that is part of the Madrid Union.

Please contact us for a referral to register an Australian trademark. As part of the application process, you do need to have an Australian address for legal correspondence. The advantages of an Australian trademark attorney include:

  • The entire process is managed on your behalf, you simply supply them with a word or logo and nominated goods and services
  • You have access to specialist trademark consultants and lawyers work online, providing timely, high quality and cost effective advice.

After your trademark application has been filed, you will receive a trademark application number and you can then use our online form , and 

Choose TM, enter your TM application number in the Eligibility ID number field and then Pending TM Owner,

Please also email sales@passioncomputing.com.au with the details of your trademark number or trademark filing number and we will follow up the registration for you.

If you have any questions, please contact us.

How do I register an Australian domain name as a foreign company?

In order to register an Australian domain name, you need to obtain a ABRN number from the Australian Securities and Investment Commission or ASIC. To do this you will need to appoint a local agent (a person that lives permanently in Australia), to lodge and receive company documents

Under s.601CJ - Liability of Local Agent:

A local agent of a registered foreign company: 
(a) is answerable for the doing of all acts, matters and things that the foreign company is required by or under the Act to do; and

(b) is personally liable to a penalty imposed on the foreign company for a contravention of the Act if a court or tribunal hearing the matter is satisfied that the local agentshould be so liable.

After appointing a local agent

You should begin by doing an online name search of Australian business names.

Go to http://www.asic.gov.au/business-names and search for the company or business name you wish to use in Australia.

A business name is simply a name or title under which a person or entity conducts a business. In Australia, unless you fall within an exemption, you must register your business name. On 28 May 2012, the ASIC register became a national register of all Australian business names. 

It's important to note that registering a business name does not mean you own the name, or that you can prevent other people from being able to register and use similar names. Generally, the only way to gain exclusivity over a particular business name is to register it as a trade mark with IP Australia.

You then need to complete the Application to Register as a Foreign company. and produce documentation before you will be granted an ABRN. For more information on requirements to register a foreigh company go to http://www.asic.gov.au/asic/asic_pub.nsf/byheadline/Foreign+Companies?opendocument 

After your ABRN has been approved

You can then visit go to register your Australian domain name and register your domain name.

What is included in your domain name registration?

  • Professional domain name registration services. All domains are registered and managed directly through accredited domain name registrars’ systems.
  • Personal Service - Domain name registration systems are far from perfect and we are here to assist you.
  • FREE access to online management tools. No management fees.
  • FREE domain forwarding(Choice of standard or masked forwarding)
  • FREE DNS management. Login to order free DNS hosting and edit your zone files
  • FREE domain name administration. Login to delegate your name server records.
  • Search for and register available domains. Competitive pricing. International domains.
  • Great prices on email hosting or web hosting plans.

Our services are comprehensive without hidden extras or complicated plans. You have full control over your domain name. Need help? Contact sales@passioncomputing.com.au