Intellectual Property

History of Trade Marks

The marking of goods for various purposes, including identifying them from those of other traders, dates back to ancient times. In the same way, the existence of rules governing the use of such marks goes back to the medieval craft guilds.

It was only in the 19th century that people began to think of marks, which had become distinctive of a trader's goods, and so attracted valuable goodwill, as a type of property.

In the middle of that century, the right to take action in the courts against infringement of a trade mark came about, even when there was no intention to deceive on the part of the infringer.

The usefulness of such an action was, however, limited by the need for a trader to prove that the mark concerned was in fact capable of distinguishing his goods, and that it belonged to him.

First legal framework

The first trade mark registry was established in 1875.

Further legislation

Changes to the law that had a major effect on trade mark registration. For example, service marks and criminal offences.

Current position

Alignment of United Kingdom law with that of Europe and other countries

Further information

Sources of further information about the origins of trade marks.