"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."
Please click here for the full version of this letter (in PDF).
"Linux is a computer system and its kernel."
Well, I guess Richard Stallman will choke on this and me with him. Linux is indeed a kernel, but certainly not a computer system !
Bizarre, really, that Wikipaedia says this. I'll check that soon...
Till then,
Cheers
This is the sort of thing that can only happen in the legal environment. How about 'Windows'? An awful lot of people need to use that in their trade - whether they are glaciers finishing a house or computer people crippling a computer. How can 'Windows' be trademarked and 'Linux' not? I would bet it's not so much a matter of not being possible to trademark Linux, but that the application was weak and the case officer was having a bad hair day.
"How about 'Windows'? An awful lot of people need to use that in their trade - whether they are glaciers finishing a house"
Yeah, I'd watch out for those glaciers. They are awfully slow moving bastards but the sure finish any house that gets in the way!
Microsoft has already lost the ability to trademark Windows for being too generic.
I guess all those demand letters for fees for using the name Linux will have to be refunded now
I haven't been following this but it seems like some lawyer without proper investigation or backing has tried to shortcut the system and tried to register a generic name for a kernel of an operating system. This sounds very fishy to me.
do i need to pay royalties next time i go to the market !
Maybe this was just a way for another bottom feeder to rip off his client. Mate what did you charge for this lack of service
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"Linux is a computer system and its kernel."
Well, I guess Richard Stallman will choke on this and me with him. Linux is indeed a kernel, but certainly not a computer system !
Bizarre, really, that Wikipaedia says this. I'll check that soon...
Till then,
Cheers