If trademarks never expire, what’s the point of a patent?

Throwing light on the issue that’s got the industry talking

Claims, Competition, and Misleading Information

Many manufacturers make bold claims about their products. While we prefer to focus on our strengths, some take the opportunity to undermine competitors. Gaining an edge is important, but sometimes this comes at the cost of misleading information or half-truths.

Patent Protection vs Trademarks: The Debate

Right now, there’s an ongoing debate about which is better: patent protection or trademarks. Once a patent expires, anyone can legally duplicate a key blank. This has led some to claim that a trademark, which is granted for a ‘lifetime’, must be superior.

The Flaw in the Trademark Argument

However, there’s a fundamental flaw in this argument. As highlighted by ASSA ABLOY in the March/April edition of the Locksmith Journal, a trademark under EU law cannot protect a functional or task-specific design element. If it did, the company holding the trademark would have a monopoly.

This isn’t just an obscure legal detail; it has been tested in Germany’s High Court. They found that a trademark is unsuitable for protecting key blanks.

Does Lifetime Protection Sound Too Good to Be True?

“Lifetime” protection sounds appealing. Coupled with a price point generally lower than a patented design, it’s easy to see why some buyers think they’re getting a great deal. The Locksmith Journal article generated considerable discussion, so we decided to consult our own legal advisors.

Legal Advisor’s Response

Here’s their answer in full:

“Unfortunately, there is no straightforward answer to your question as it concerns very specialised subject matter. On the face of it, we would be inclined to agree with the published article insofar as the ‘functional element’ and the technology involved in the manufacture of keys or locks cannot be protected by a trademark.

However, trademark or design protection may still be possible for protecting the unique shape of a particular manufacturer’s keys, e.g., stylisation of the bow and stem.

So, we cannot definitively agree with the statement in the article.”

Why Doubt Isn’t an Option in Security

This raises an important question. We are in the business of security – securing people, property, and assets. And in security, doubt isn’t an option.

That’s why companies like ours invest substantial resources into acquiring patents. When a patent expires, we renew or release new products with design patents, at considerable cost.

The Simple Truth

Here’s a simple way to look at it: Why would a manufacturer invest heavily in patents, renewing them at considerable cost, if they could just protect their designs with a trademark that never expires?

The Reality of European Manufacturers

In fact, most European manufacturers of trademark key systems continue to invest in, develop, and deliver new patent-protected key systems. Why would they do this? If their key system’s protection lasts forever, why spend thousands developing a new one that doesn’t?

Get in Touch

When it comes to security, there’s no room for doubt. If you’re looking for trusted, patent-protected solutions for your security needs, contact Access2 today.

Call us on +44 (0)191 215 0530 or email sales@access2.com to learn more about how we can help safeguard what matters most.

Keep the conversation going

Access2 Joins ‘Made in Britain’—Championing Quality, Security & Innovation

Access2 Joins ‘Made in Britain’—Championing Quality, Security & Innovation We’re thrilled to announce that Access2 is now an official member of the ‘Made in Britain’ organisation. This prestigious membership is more than just a badge—it’s a testament to our unwavering commitment to British manufacturing, exceptional craftsmanship and cutting-edge security solutions. By aligning with ‘Made in Britain,’ we proudly reinforce our dedication to producing high-quality, reliable, and sustainable access control solutions right here in the UK. British manufacturing has long been synonymous with trust, innovation, superior quality and we’re proud to contribute to this legacy. Why This Matters The ‘Made in Britain’ mark is globally recognised, offering assurance that certain Access2 products meet the highest standards of craftsmanship, security and sustainability. For our customers and partners, this means: ✔️ Confidence in a UK-made product built to last.✔️ A commitment to ethical sourcing and sustainable manufacturing.✔️ Swift responses to industry needs, without reliance on overseas supply chains. A Stronger Future for British Manufacturing As part of this vibrant network of over 2,000 UK manufacturers, we’re joining forces with like-minded businesses to drive innovation, share insights, and strengthen the reputation of British-made products worldwide. For security professionals, architects and building managers, this membership is another reason to choose Access2—a company that stands for integrity, precision and forward-thinking solutions. Looking Ahead This milestone isn’t just about celebrating our British roots—it’s about embracing the responsibility that comes with it. We are investing in local talent, enhancing sustainable practices, and pushing the boundaries of security technology to support the long-term success of UK industry. We invite our customers, partners, and industry peers to join us in championing the excellence of British manufacturing.

Cylinder Options and Features

All cylinders perform the same basic task, but the details of their design and construction provide a range of additional features and benefits. A number of additional features are available as options within the Tigris® ranges of cylinder. Clutch Function When inserted the key disengages the thumb turn operation, and has priority over locking and unlocking. Often required in facilities for vulnerable people, it prevents a door being held locked by gripping the thumb turn on the inside. Classroom Function A variant of the clutch function. The key operation remains the same, however the thumbturn can only be used to unlock the door. Construction Cylinder Allows contractors to install and use the cylinder during the construction phase using a Construction Key. Once a valid system key is used, the internal pinning arrangement alters to negate and prevent any future use of the Construction Keys. Thumbturns We offer a range of thumbturns to suit different hardware ranges, aesthetics or for Special Needs requirements. Finishes An unrivalled number of finishes are offered through our Colourmatch service. As well as 10 standard finishes we are able to colour match any hardware finish you wish to specify. Explore our full range of Tigris® cylinder options here.