Language Selection

English French German Italian Portuguese Spanish

Linux trademark bid rejected

Filed under
Linux

An attempt by the nation's peak Linux body to register the name 'Linux' on behalf of Linus Torvalds has failed.

The regulator, Intellectual Property Australia, turned down the application because the word 'Linux' was not distinctive enough to be trademarked.

The registration would have prevented companies from claiming the name as their own, or using it in trade paying royalties to the Linux Mark Institute, a global body established by Linux creator Linus Torvalds.

In a letter dated 31 August addressed to Perth-based lawyer Jeremy Malcolm, who represents Torvalds, Intellectual Property Australia official Andrew Paul Lowe said: "For your client's trademark to be registerable under the Trade Marks Act, it must have sufficient 'inherent adaptation to distinguish in the marketplace'.

"In other words, it cannot be a term that other traders with similar goods and services would need to use in the ordinary course of trade."

However, as IP Australia found, it was highly likely that other traders would also need to use the word Linux.

Full Story.

More in Tux Machines

Linux @ About.com

During the past month I have been in discussions with a number of people at about.com. I have been provided with the opportunity of writing articles on the linux.about.com subsite and I am in full control of all the content that will appear on that site. It is early days and there is some old content on the site which is a bit out of date but I plan to make linux.about.com a great resource for everyone. Read more

Leftovers: Software

today's howtos

Leftovers: Gaming