A renewed bid to register the word "Linux"
as an Australian trademark must meet an early April deadline or
The nation's intellectual property regulator turned down an initial bid by local body Linux Australia to register the
name on behalf of Linux creator Linus Torvalds in September 2005,
saying the name was not distinctive enough to be trademarked.
But the US-based Linux Mark
Institute (LMI), which acts for Torvalds worldwide said this
week it was still considering a last-minute appeal.
"The deadline to file a response to the Examiner's rejection
has not yet passed, and LMI and its attorneys are still
determining if they will respond," a spokesperson for the body
told ZDNet Australia in an emailed statement.
The deadline is understood to fall in the first two weeks of
If LMI succeeds in the appeal, it could prevent companies in
Australia claiming the name as their own, or using it in trade
without paying royalties to LMI. Sydney-based lawyers Truman
Hoyle are acting for LMI during the appeal process.