Arizona Law Review
While trademarks promote a competitive and productive marketplace, the Patent and Trademark Office runs the current system of trademark registration as a monopoly of questionable productivity. Delays in obtaining trademark registrations result in a risk to applicants of investing substantial sums into ultimately unregisterable marks. This Article proposes a system of privatized trademark registration as a solution, with features including: multiple entities serving as registrars; an optional expedited process; and quality-control mechanisms. To explore the viability of trademark privatization, the Article relies on the theoretical privatization literature and practical examples in which government exclusivity has been removed from intellectual-property (and other) decision-making. By challenging the PTO's monopoly, the Article pursues a more general discussion about improvements to the existing system of trademark registration.
Irina D. Manta,
Privatizing Trademarks, 51 Ariz. L. Rev. 381
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/603