The nation's intellectual property regulator, IP Australia, turned down an initial bid by local body Linux Australia to register the name on behalf of Linux creator Linux 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 appears to be in the process of appealing the decision.
"The decision of the trademarks office can be appealed, and I believe that is in progress, however Linux Australia is not actioning that," Linux Australia's president Jon Oxer told ZDNet Australia yesterday. "That's being done by the Linux Mark Institute."
"Their legal team is going through the process, and we are providing them information as they request it, as they need access to local documentation, and things like that, but we're really a third-party to it," he added. "We're not directly involved in the process."
Perth-based lawyer Jeremy Malcolm, who had acted for LMI and Linux Australia on the initial bid, said he was not currently involved in the matter.
IP Australia lists Sydney-based lawyers Truman Hoyle as the new contact for the Linux trademark bid. However, a spokesperson for the firm was not available to comment at the time of publication.
Oxer said he couldn't confirm whether LMI had instigated an action with the regulator, or whether they were still preparing supporting documentation.
"They may decide not to go ahead at all," he admitted.
Rayce Boucher -- a paralegal employed by Torvalds' employer the Open Source Development Labs (OSDL) and working on the Australian bid for LMI -- declined to comment.
The LMI's board did not respond to a request for comment at the time of publication.
