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Trademarks Throughout The Ages

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By Author: Arthur Vitale
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Throughout the ages man has endeavored to protect his property, whether physical or intellectual, by 'marking' it.

Some of the earliest signs of such markings are prehistoric man’s paintings in caves. Egyptian pharaohs used hieroglyphs to mark their pyramids and as a warning to trespassers and would be grave disturbers. Chinese pottery makers marked their work with the name of the ruling Emperor, their name as the piece’s creator and the place of its origin, dating as far back as 5000 B.C. A deeper examination of history shows how modern trademarks have evolved into the symbols they are today.

Emblems and symbols were ubiquitous in medieval Europe, especially since the majority of society was poor and illiterate. Cathedrals’ stained glass windows conveyed the stories of the Gospel while mottos decorated hats, jackets, armors and horse harnesses of the military. Crests and coats of arms symbolized a person’s clan or family origin and its reputation. Emblems adorned palaces, castles, taverns, inns and merchant shops.

Traders and merchants marked their goods as a way of guaranteeing its ...
... quality. But when the quality of jewelry came into question, King Edward I enacted a law authorizing officials in England to mark gold and silver and prohibited jewelers from selling their gold and silver jewelry without a stamp from the Goldsmith's Hall (their office in London). Anyone caught trying to counterfeit the hallmarks was sentenced to death. Printers also used markings. Johannes Gutenberg, the famous German printer and inventor of the modern printing press, used a mark that represented double shields.

The first legislative act concerning trademarks was adopted by the British Parliament in 1266 under King Henry III. This legislation required all bakers to put his or her mark on any of the breads he or she produced. In 1875, the British Parliament enacted legislation for the registration of trademarks. The first registered trademark was for Bass & Co.’s red triangle to mark and differentiate their bottles filled with ale from the competition. A trademark registration law had been passed five years earlier in the United States. The first registered trademark under the Law of 1870 was the Averill Chemical Paint Company, represented by an eagle holding a pot of paint in its beak. The law of 1870 was repealed before being enacted again in 1881.

The most widely recognized trademark, registered by Pepsi-Cola in 1898, is also one whose logo has constantly changed, most notably in 1905, 1908 and 1940. In 1950, the logo appeared as a cap with the logo on it before it was modified into just a circle. In 1996, the circle was made more three-dimensional, resembling a child’s ball. Elements of heraldry can be seen in Anheuser-Busch’s A & Eagle, registered with the U.S. Patent Office in 1877. Many believe the “A” stands for Eberhard Anheuser, the company’s founder. The eagle has several interpretations. Some see it as a symbol of Adolphus Busch’s unlimited vision while others see it as a symbol of respect for the United States; the brewery’s founder’s adopted country.

Throughout history, merchants and traders staked their reputations, marking pottery, jewelry, gold and bread with symbols as a means of guaranteeing the quality of their workmanship. In the same way,Works Cited: Fellenstein, Craig. “The Inventor’s Guide to Trademarks and Patents.” Prentice Hall. 2005.
Resource: http://www.yourtrademarkattorney.com

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