Key Takeaways

  • Trademarks originated thousands of years ago, with early forms found on ancient Chinese pottery and Egyptian artifacts that identified the creator or source of goods.
  • During the Middle Ages, guilds required members to use identifying marks to signify craftsmanship and authenticity.
  • The first formal trademark regulations emerged in Europe, with notable milestones including France’s Factory, Manufacture, and Workplace Act (1803) and Manufacture and Goods Mark Act (1857), and England’s Merchandise Marks Act (1862).
  • The United States introduced federal trademark laws in 1870, which evolved into the Lanham Act of 1946—still the cornerstone of modern U.S. trademark law.
  • International trademark protection began with the Paris Convention of 1883 and expanded under the Madrid System for international registration of marks.
  • Understanding when trademarks started helps illustrate how intellectual property protection evolved alongside trade, industry, and globalization.

Trademarks and Service Marks

The history of trademarks goes way back centuries. A trademark is any type of symbol that indicates the origin of goods and services. It's often a shorthand symbol, which is easier to recognize and remember than a larger or more complex indicator. Applying a shorthand mark is typically more practical to physically place on the product or packaging yet will make it obvious as the origin of the goods or services.

Using the TM or (R) symbols near the mark will indicate to competitors and consumers that registration of the mark is pending or in force. These symbols also state that any unauthorized use of the trademark could result in legal consequences and warn competitors of the mark's legal registration and protections. The symbol for a service mark is SM and holds the same legal protections as a trademark.

A Brief Origin of Trademarks

Trademarks, or symbols, words, or images, connect products and services to the companies that manufacture them. Modern symbols, such as R, TM, and SM, signify the legal protection, but trademarks have been around for a long time. In fact, the history traces back to Biblical times and earlier.

Trademark legislation in the United States has been a topic of conversation since President Thomas Jefferson advocated protection for trademarks, which happened as early as 1791. However, it took nearly a century before any federal legislation around trademark protection was passed. The law of registering trademarks went into effect in July 1870 but was quickly repealed due to its conflict with constitutional rights. A new law went into effect in 1881, followed by the creation of the United States Patent and Trademark Office (USPTO) in 1905. Today, all registrations for trademarks are handled through the USPTO.

Trademarks During Ancient Times

It is nearly impossible to pinpoint exactly when the first trademark came to be, but one of the earliest known examples dates back to 5000 BC. In this era, people in China were making pottery that included the name of the Chinese emperor in power. The pottery also showcased the location where the pottery was created, along with the name of the person who manufactured each piece. Early examples of trademarks are often associated with the identities of the owners or makers of specific goods. Although some of the earlier trademarks date as far back as 5000 BC, the identifiable marks are different from how trademarks are defined today. Those early trademarks are found on pottery pieces from Transylvania.

Another way to look at the history of trademarks is found in the definition of the word “hieroglyphs.” A Greek Egyptian Hellenistic author, Horapollon, wrote a book titled “Hieroglyphica.” In this book, he stated that hieroglyphs served as ideograms that conveyed ideas, not as elements of the local language. Examples contained within the book became more common and visible in emblematic science. For example, he talked about the Phoenix bird and its meaning. As he described in his book, demotic script was first found as early as 660 BC, at the start of the 26th dynasty.

In ancient Egypt, a trademark identified a product's origin, so craftsmen would include unique images and signs on their products for easier recognition. Trademarks in ancient China are visible on gold coins and seals, which include unique imprints or drawings in the metal to identify the owner or manufacturer. The idea of adding emblems and symbols was also popular in medieval Europe. In fact, the military attire in the 15th century was rich with emblems and other designs, which decorated suits of armor, jackets, hats, and harnesses worn by the horses.

In the 12th century, King Edward the First enacted a new law prohibiting jewelers from selling their creations unless each piece included a stamp from the Goldsmith's Hall, the royal office in London. If any jeweler attempted to create a counterfeit hallmark, the punishment was death. A merchant mark is a personal mark that was used between the 13th and 16th centuries by European merchants and traders. In fact, a merchant mark is commonly believed to be the earliest form of a modern trademark. A merchant's mark typically included the trader's name, serving as a guarantee of quality for the purchased goods. 

Evolution of Trademarks in the Middle Ages

By the Middle Ages, trademarks became increasingly formalized as trade and craftsmanship flourished across Europe. Guilds required artisans to mark their goods with distinct symbols that identified the creator and ensured quality. These early marks were both practical and reputational—serving to deter fraud and promote trust in trade.

In France, trademark misuse was taken seriously. As early as the 14th century, counterfeiters faced harsh penalties, including physical punishments for misusing another merchant’s mark. Over time, these marks evolved beyond guild affiliation to signify the reputation of individual craftsmen and merchants.

The Birth of Modern Trademark Law

The Industrial Revolution marked a turning point in trademark development. As mass production and international trade expanded, distinguishing authentic goods became vital. France pioneered formal protection with the Factory, Manufacture, and Workplace Act of 1803, criminalizing fraudulent use of marks. It followed with the Manufacture and Goods Mark Act of 1857—the world’s first comprehensive trademark law.

England soon followed with the Merchandise Marks Act in 1862, targeting deceptive labeling, and the Trade Marks Registration Act of 1875, which introduced an official registry. By 1938, England’s examination-based system and “intent-to-use” registration became a model for modern trademark law.

In the United States, early state-level protections gave way to federal law in 1870, later replaced by the Trademark Act of 1881. The Lanham Act of 1946 unified trademark protection nationwide and still governs registration and enforcement today.

International Trademark Protection and Cooperation

As trade became global, the need for international protection grew. The 1883 Paris Convention for the Protection of Industrial Property established the foundation for mutual recognition of industrial property rights—including trademarks—across countries.

This cooperation expanded with the Madrid Agreement (1891) and the Madrid Protocol, which together created a unified system allowing businesses to register trademarks internationally through a single application. These frameworks, managed today by the World Intellectual Property Organization (WIPO), simplified global brand protection and paved the way for the modern trademark systems used worldwide.

The Modern Trademark Era

Today, trademarks are indispensable to global commerce. They not only protect brand identity but also encourage innovation and fair competition. From ancient pottery marks to digital-era brand logos, trademarks have evolved alongside civilization itself. Understanding when trademarks started reveals the deep historical roots of branding and its ongoing importance in today’s interconnected marketplace.

Frequently Asked Questions

  1. When did trademarks start?
    Trademarks trace back to around 5000 BC in China, where artisans marked pottery to identify ownership and origin.
  2. Who created the first modern trademark law?
    France passed the first comprehensive law, the Manufacture and Goods Mark Act of 1857, which established formal registration for marks.
  3. What is the oldest registered trademark?
    The Bass Brewery red triangle, registered in 1876 in the UK, is considered one of the world’s oldest registered trademarks.
  4. How did U.S. trademark law develop?
    The first federal act was enacted in 1870 and later replaced by the Lanham Act in 1946, which remains the foundation of U.S. trademark protection.
  5. Why are international agreements like the Paris Convention and Madrid Protocol important?
    They provide a framework for global trademark protection, allowing brands to secure rights in multiple countries through a single registration process.

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