the UK, in 1876^[9] In

In trademark treatises it is usually reported that blacksmiths who made swords in the Roman Empire are thought of as being the first users of trademarks.^[10] Other notable trademarks that have been used for a long time include Löwenbräu, which claims use of its lion mark since 1383.^[11] The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold.^[12]

The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857 with the “Manufacture and Goods Mark Act”. In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another’s trade mark ‘with intent to defraud or to enable another to defraud’. In 1875, the Trade Marks Registration Act was passed which allowed formal registration of trade marks at the UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trade mark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as ‘a device, or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or a distinctive label or ticket’.^[13]

In the United States, Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress’ Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time pursuant to its Commerce Clause powers. Congress revised the Trademark Act in 1905.^[14] The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks.^[15]

The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the “intent-to-use” principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include the barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere.^[16]