“Without a registered trademark, it just means it’s harder for them to protect against infringers.”
A Port of Brisbane spokesman said “constructive discussions” with IP Australia were continuing in the hopes of having the matter resolved.
“We do not foresee any change to the branding of the Brisbane International Cruise Terminal or the use of these marks,” he said.
“We look forward to the registration of these two additional trademarks in due course.”
But Swinson said the bigger question was why the state government did not seek to protect its asset, given it would eventually revert to public hands.
“When the lease runs out, Port of Brisbane still owns the trademark – the brand is theirs and the lease is only over the land, and the land goes back to the state, but not the trademark,” he said.
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“A new operator could come in and cannot use ‘Brisbane International Cruise Terminal’ unless they buy it off the out-going operator – that’s what I think their play is, to try to entrench their position.”
Comment was sought from the Queensland government, but the Port of Brisbane spokesman said trademarks would revert to the state at the end of the lease.
If that were to ever become an issue, it was statistically likely that anyone currently within the state government and Port of Brisbane would be long dead.
Then-Labor treasurer Andrew Fraser announced the 99-year lease in November 2010, keeping it in private hands until at least 2109.
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