According to reports in the international media this week, Linux Australia's attempt to register the name "Linux" as a trademark on behalf of its creator, Linus Torvalds, has failed.
The move was considered necessary by Linux Australia following an unrelated Australian company's efforts to trademark the term.
However, according to a ZDNet Australia report on the matter published this week, Intellectual Property Australia told Mr Torvalds' lawyer that:
"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."
The federal regulatory agency argued that it was highly likely that other traders would also need to use the word "Linux".
It is not yet known whether Linux Australia intends to pursue the matter further.
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