Since the second half of the 20th century, the word Concertina has ceased to be merely a technical or military term and has become part of commercial naming. It is regularly registered as a trademark in both national and international systems – either independently or as part of compound brand names. The databases of the World Intellectual Property Organization and national patent offices contain dozens of such registrations. From a legal perspective, this means the term may not be freely used by any party in commercial contexts, especially when offering goods or services. Even if a particular trademark has expired or a registration has ended, the presence of such applications confirms the consistent perception of Concertina as a protected designation rather than a generic word.
Common Forms of Improper Use
In various industries, the term Concertina is often used freely – frequently without an understanding of the potential consequences. In practice, several common scenarios can be identified:
- In technical documentation: Designers or manufacturers use “Concertina” as a product type, even if it has no relation to a registered trademark. This is especially common in product descriptions for export purposes.
- In translations and journalism: Translators, journalists, and editors use the word “Concertina” as a synonym for coiled barbed or razor wire, without acknowledging its trademarked nature. English-language materials often contain the phrase “concertina wire” as if it were a generic term, which is legally inaccurate.
- In marketing materials: Websites, packaging, and company presentations use the term “Concertina” as a general product name without authorization, creating a false impression of the product’s origin or quality.
- In government and procurement documents: There are cases where procurement documents include the word “Concertina” as a technical term, which may limit competition and lead to legal disputes.
Consequences for Infringers
Improper use of a registered trademark may be considered a violation of intellectual property rights. In countries that are party to international trademark protection agreements, this can result in:
- cease-and-desist letters demanding the immediate discontinuation of use;
- administrative or judicial proceedings;
- blocking the import or export of the products;
- revocation of certificates or disqualification from tenders;
- claims for damages and financial compensation.
In addition, companies that repeatedly engage in such violations may suffer reputational damage and lose business partnerships.
How to Correctly Refer to the Product
To avoid conflicts and legal claims from trademark holders, it is recommended to use descriptive, neutral terms such as:
- “concertina-type barrier”;
- “razor wire obstacle”;
- “perimeter security coil”;
- “coiled barbed wire” and similar phrases.
Such formulations allow accurate description of the product’s function without infringing trademark rights. This is especially important when participating in government procurement, international deliveries, certification processes, and other regulated activities.
The Responsibility of All Market Participants
Manufacturers, suppliers, designers, translators, government officials, and journalists – all bear responsibility for using correct terminology in their work. Disregarding the legal status of the term Concertina may seem like a minor issue, but in the long run, it harms not only trademark owners but also the transparency and legal clarity of the entire perimeter security market.