12/20/2006

By Peter Gransee

Trademarks are a way to get around good limitations in patents (like the pesky fact that patents expire).

All a monopoly has to do is claim that their technical design is so recognized by consumers that they claim a trademark on it. Then it doesn't matter if the patent expired. Sure, the USPTO claims to not allow trademarks on patentable ideas, but it happens. The USPTO is just too overworked. Companies know this and force trademarks through anyways. Then one day you find out that a particular idea or standard is completely inaccessible to you forever.

Trademarks don't expire nor can they be revoked after they pass the 5yr no-contest period. They are much stronger than a patent and a common form of abuse now with big companies.

Did you know for example that the cylinder shape is irrevocably trademarked for certain products?

This probably sounds incredible to most people. Search the http://www.uspto.gov/main/trademarks.htm[uspto.gov] for trademark #75501874 (I have not found a way to link directly to a record in their database).

And this is just one of many examples. This and other reasons is why people are calling for IP reform.