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.
