@Voland Re: overhaul?
Think of Kleenex.
I wonder how you could overhaul the law though.
Commercial vs Non Commercial use?
Not allow phrases to be trade marked?
e.g. "Where's the beef?" Should Wendy's be allowed to trade mark the phrase that they made popular from one of their commercials back in the 80's? (I think that they did)
Or Ohio State University changing their name to The Ohio State University so that they could trademark the name to protect their brand from T-Shirt makers back in the late 80's.
I am showing my age... ;-) The point is that I don't know how they can fix the TM laws. I mean its easier to fix the patent laws... e.g. invalidate software patents or 'business process patents' (e.g. shopping carts) is actually easier. Especially now that Sen. Reid is out of Congress.