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HISTORY OF TRADEMARK

 HISTORY OF TRADEMARK

Trade is a part of the intellectual property, this includes a sign, design, or expression that identifies products or services from a particular source and distinguishes them from others.  This trademark helps u distinguish between other products. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are called service marks.

Trademarks have a long history that reaches back to ancient times and beyond. 

The history of trademarks dates back to 5000 BC, in ancient Europe, it was observed that people of those times practiced marking their ownership upon the painting made by them on the walls of Lascaux caves in southern France. Later in 600 BC, it was witnessed that unique signs or images were used which showcased where the product was originated and who made it. In China, seals were introduced that proved the identity of documents, contracts, art, or similar items where authorship was considered important. In  1200, in medieval Europe, merchant marks were personal marks that developed from the beginning of the 13th century until the end of the 16th.  These were widely used by the trader and merchants throughout Europe, merchant's marks are arguably early trademarks. They displayed the names of the trader and offered a guarantee that the goods were of a certain quality. Particularly used by producers of bells and paper.  After 66 years, England parliament passed its first legislation concerning trademarks. The bakers marking law required every baker to put a unique mark on the bread produced. In  1363, silversmiths were required to mark their wares. After a few years printer's marks were added to the book to identify the printer.  Europe also emblems decorated places, noblemen's castles, inns, and taverns and were widely used in trade. In 1618, England introduced the first legal case to mention the use of a trademark as a badge of origin – though the case itself concerned the sale of counterfeit jewels; southern v. how.

 France was also gaining knowledge about the trademark and started to make amendments, in 1751, furniture makers in Paris were required to sign their work with a mark. In the United state, Thomas Jefferson secretary of the state, on the petition of Samuel Breck, manufacturer of sailcloth at Boston, Massachusetts recommended to congress that I enables the registration of trademarks. The proposal is not implemented.

1857 was seen as a major development when in France, the first comprehensive trademark system was established by the laws on marks of manufacture and trade. It was also witnessed that the US federal trademark act was passed, and Averill paints received the first trademark registered under the act. In Germany, in 1874 the trademark protection law was considered the first German trademark law. In great Britain, in 1875, parliament enacted the trademarks registration act creating a national register of the trademark. In 1876, the trade makes registration office opened in London. The first registered trademark was of beer company and co. applied for on 1 January 1876, it is still valid. the 1870 federal law on the registration of trademarks having been held in 1879 to be unconstitutional, was repealed and replaced with a new act.

In 1883, there was a convention that was held in Paris, known as the Paris Convention for the property or industrial property was agreed, an international convention relating to trademark and other industrial property rights under the national legislation of its 11 member countries.  But it was seen that in japan the concept of the trademark was introduced after many years. In the USA, the coca-cola trademark was registered . since then the mark has been revised and modified several times.



 


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