As the Lanham Act (“Lanham Act”) passes the half-century mark, it is time for Congress to cut the Patent and Trademark Office's (“PTO's”) Trademark Operations free from its ties to the agency's Patent Operations, and provide it with the administrative freedom to respond to an ever-increasing workload and to function in a more business-like manner. This goal could be achieved if Trademark Operations were recreated as a government corporation. During the recently concluded 104th Congress, four bills were introduced to amend the Lanham Act and other statutes to make the PTO a government corporation. It is expected that similar proposals will be introduced early in 1997. Of the four proposals, only the Hatch Bill would have provided the PTO's Trademark Operations (“Trademarks”) with greater autonomy than it presently has vis-à-vis the PTO's Patent Operations (“Patents”). This Essay explains why the 105th Congress should remove Trademarks from the PTO, and establish a government corporation wholly devoted to those operations.
The Trademark Office as a Government CorporationFordham Intellectual Property, Media & Entertainment Law Journal (1996)
Publication DateFall 1996
Citation InformationJeffrey M. Samuels and Linda B. Samuels, The Trademark Office as a Government Corporation, 7 Fordham Intellectual Property, Media & Entertainment Law Journal 137 (1996).