First Nations Outrage at Attempt to Trademark Indigenous Phrase “Always Was, Always Will”
First Nations community group slams clothing brand as ‘shameful’ for trying to brand historically significant phrase ‘Always Was, Always Will Be’
- The iconic rallying cry for land rights was used for the first time by an Indigenous elder
- It has recently gained popularity, which may have prompted an attempt to depose it.
- The trademark application mentioned use on boxer shorts, polo shirts and ties
An ‘outraged’ Aboriginal community organization has called an Australian businessman’s attempts to file an iconic trademark on Indigenous land rights ‘shameful’.
Christopher Michaelides applied for trademark registration on Australia’s last day to use the phrase “Always was, always will” with Intellectual Property Australia.
Trademark documentation shared on social media showed Mr Michaelides wanted the right to put the phrase on clothing, including boxer shorts, polo shirts, pajamas, fancy dress and paper hats.
An ‘outraged’ Aboriginal community organization has described as ‘shameful’ attempts by an Australian businessman to drop an iconic slogan on Indigenous land rights (pictured, protesters at an ‘Invasion Day’ rally displaying the phrase the businessman is looking to drop)
The phrase is believed to have been first used by a New South Wales outback elder, Uncle Jim Bates, during a campaign to buy back Aboriginal land in the 1980s .
But its prominence and popularity have grown to be synonymous with many Indigenous causes.
Actor Liam Hemsworth shared the post on Australia’s last day, January 26, 2021 – and it will no doubt be shared widely again next week.
It is considered historically significant to First Nations people, as “a statement of resilience, survival, deep connection and celebration”, says the Australian Museum.
Christopher Michaelides filed a trademark application on Australia’s last day to use the phrase “Always Was, Always Will Be” with Intellectual Property Australia
A nonprofit community health group, Clothing the Gap, which sells t-shirts with the phrase on the t-shirts, says the phrase belongs to the Indigenous community.
“Some Aboriginal phrases belong to our whole community, not to individuals,” Clothing the Gap said on social media.
“It’s especially shameful when non-indigenous people try to take over our language, our history and our struggle.”
Clothing the Gap, which uses funds from the sale of its shirts to fund health promotion programs in Indigenous communities, has asked a team of attorneys to investigate the trademark claim.
“We became aware of and outraged at this app in April last year,” the post said.
“In summary, this trademark application is unlikely to be successful, but it is not enough.”
It is understood that several objections to the application have been filed, including one from the “Trademark Examiner”.
In order to overcome objections, Clothing the Gap said it had been advised that the plaintiff would have to file “fairly significant evidence” of the use of the phrase “clothing, footwear and headgear”.
They should also provide a “sworn statement” of “commercial and advertising figures [and] examples of labels and products”.
The claim is expected to be decided by July 12, 2022.
‘Always Was, Always Will Be’ is now often chanted at different rallies, demonstrations and gatherings as a reminder that First Nations people have fought and will continue to fight for their lands and rights,” according to the Australian Museum.
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