Mr Patrick O’Sullivan of Melbourne, in the state of Victoria, Australia,
has registered a trademark for the name 'Creativity
Movement,' including the logo of Creativity) with the Australian Federal Government Trade Mark office.
Click here to view an Adobe PDF version of Mr O'Sullivan's trademark.
Legally, what does this mean for Creators and supporters of Creativity not part of Mr O'Sullivan's group?
To those outside of Australia, it means absolutely
nothing. Australian trademark law does not extend beyond
Australian shores.
The logo of Creativity is a religious symbol that was designed by the Founder of Creativity, Ben Klassen, and is used by Creators all around the world. It
can not be owned by one single person or group. 'Creativity movement' is a term that was coined by Ben Klassen and
included in Creativity’s foundation publication, Nature’s Eternal Religion. In it, Ben Klassen used 'Creativity
movement' as a term encompassing all Creators, everywhere - no matter whether they were officially part of his church or any other Church of Creativity. 'Creativity movement' is also often
used as a generic term by many groups, clubs, organisations and businesses that
have nothing at all to do with Creativity. When used in names such as the 'Artistic
Creativity Movement' or the 'Children’s Creativity Movement,' it is used as
a generic term.
Therefore, Mr O’Sullivan’s registered trade mark is more or less
as worthless in Australia
as it is overseas, unless both the name and the logo appear together and – most importantly - in
reference to his own particular group.
One must also be aware that although it may be construed
that Mr O’Sullivan should be commended for protecting the religious symbol of
Creativity from misuse by his registering it with the Australian Federal Government Trade Mark office, he should not. Mr O’Sullivan has
already threatened litigation and tried to make use of his trademark to have
Creators that do not concur with his rather personal world view, removed from the
internet and other social venues around the world.
We suggest that both Mr O’Sullivan and his trademark, be
dismissed by all.