TradeMark Registration - An Historical Overview

The use of some kind of mark or symbol to distinguish products extends back into history for hundreds, and even thousands, of years. Mesopotamians used marks on containers and clay tablets to record ownership. Roman era swordmakers marked their products (the famous legionnary's sword, the gladius) with their personal mark, or the name of the owner, or both. Likewise, brickmakers of ancient Rome similarly marked their products with symbols to advertise their skills. Medieval European merchants, in the thirteenth century, increasingly marked their goods to insure them. This sort of mark was required for the merchants to legally reclaim any goods stolen by the increasing numbers of pirates, should such goods be recaptured. Cutlery makers in seventeenth century London used a variety of marks to advertise their skills and products. Similarly, manufacturers in other European countries developed Trademarks, some of which remain famous today. One of the better known marks is the lion of Lowenbrau, in use since the fourteenth century.

As more and more individuals and companies began to employ their marks, and some trademarks began to resemble others, confusion developed as to who exactly owned which products. Various governments decided that some sort of trademark registration was a useful step. In the year 1862, the Merchandise Marks Act became law in Great Britain. It was now illegal to imitate someone else's mark with the purpose of defrauding the legal owner, that is, passing off one's own goods as those of another, famous company.

The government went one step further in 1875. The Trademark Registration Act became law, taking effect on 1 January 1876. Now, the United Kingdom Patent Office allowed individuals to formally register their Trademarks. Once registered, the person registering the mark was legally protected as the owner of the mark, and therefore also of the products bearing such a mark. A trade mark's owner receives exclusive legal rights, barring anyone else from unauthorised use of the same or similar (registered) trade mark. Such unauthorised use is called "infringement." The first symbol to be registered was the famous Bass Red Triangle.

The trade mark itself may be a name, symbol, shape, signature, word, phrase, or some combination of these. Even sounds can be registered.

Later, in 1883, Trademark Registration and law were revised and simplified by the Patents and Trademarks Act. Application costs were reduced. "Fancy words" not commonly used could also be registered. Various registration rules were revised in 1919.

Starting that year, products and also services were categorized into two different general groups, A and B. Each group had different criteria for registration. The Trademarks Act 1994 is the basis of current legislation. It incorporates aspects of the European Trademarks Directive into British law.

The current government agency responsible for trade mark registration is the United Kingdom Intellectual Property Office (UKIPO). UKIPO guides individuals and companies through the application process, and advises regarding any conflicting marks already existing. Since 2008, UKIPO offers a fast-track process for applicants.