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Evolution of Trademark

From the birth of the earth, a lot of organisms evolved and a lot of creations were made by humans. When the humans have got some maturity, he developed new things from the earth. As some years ago, the trade started in the form exchange method, then gradually in the form of different currencies. After a certain period, the individuals wanted some unique marks on their products, thereby the trademark has evolved.


As the trade developed, the marks commenced to use for different purposes. At the initial time, the marks were seen in animals in order to identify which farmer or lord it belonged to. In the early 2nd century BC, the marks were seen in Roman art crafts, paintings and drawings.

The efficient use of trademarks was Barber’s Pole which is used for landmark purposes. It is also to know that the ancient trademarks were not only seen on the Roman paintings but also on the Egyptian and Chinese made objects.

In the medieval period, the merchants showed their names and the quality considered as the trademarks. As these marks became more convenient, the duplicates and frauds also had started. The main reason for this mark violation is that laws were not available for governing the misuse of trademarks. So, if anyone wanted to sell any low quality goods with a seized mark, the owner of the goods could not depend on the court of law for integrity.

First Trademark Law

As the criminal actions in trade were increased, the England King Henry III declared the first trademark law in 1266 where the law states that every baker should add unique marks to all their breads to prevent bread frauds. And also, the king strictly implemented the law that if any baker does not follow the law, he will have fines of large amount and more possible to lose their all unmarked bread.

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Although the law was implemented,trademark contravention was not completely eradicated till the 13th century. So the punishments became brutal by the french law. In 1544, the French proclamation made the persons who infringed the trademark hands cut off.

Modern Trademark law

In order to enhance the importance of trademark law all over the world, the french decided to establish an international trademark law. In 1857, the french implemented the first international modern trademark law called “The French Manufacture and Goods Marking Act”. At the same time, the British wanted to establish a trademark law for the merchants so that they established “The Merchandise Marks Act” in 1862, implemented severe actions on companies which sold fraud trademarks or unmarked products but it was not extensive until 1905.

Another important law passed by America was “The US Federal Act” in 1870 which was the most popular trademark law till now. The first company brand registered under this trademark act was the Averill Chemical Paint Company. Although the logo of their brand became popular, it is sad to say that this company had a loss in business.

Indian Trademark Law

When we see the origin of Indian trademark law, it came from the British Trademark Act of 1875. This act existed in India till 1939. In 1940, the first trademark act passed by India which was similar to IK Trademark Acts of 1938. After India got independence, the law was improved as a act called Trade and Merchandise Act in 1958. After 40 years, once again the act was reformed on 30th December of 1999 which is the present day act. This act has been enacted with the services TRIPS. It provides 45 classes for registering the trademark.

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