On Dec 1, 2007 11:18 AM, Charlie Brady <[EMAIL PROTECTED]> wrote: > > Copyright is automatic but trademarks are not.
I don't know the exact rules, but there certainly are situations where ownership of a mark does not require registration. The best example is the saga of Torvalds recovering ownership of "Linux" after some bozo went and predatively registered it for himself. I think that as with copyright, registration is a prerequisite for suing for damages, but rules about fraudulent misrepresentation do not disappear. http://www.uspto.gov/teas/eTEASpageA.htm which is concerned with instructions for registering marks, includes the phrase "you must be lawfully using the mark" which implies that there are lawful and unlawful uses of the mark, and based on knowing about the Linux dispute I believe that it is possible to unlawfully use a mark that has not been formally registered. I don't have any idea about Australia though. :)
