A long history

Trade marks stand out because of many characteristics, including quality, credibility and emotionality. However, the most important criterion must be the desire for distinguis­hability. This need of manufacturers to mark their goods and thereby render them unmistakable goes back to the early history of man­kind. For instance, in ancient Egypt bricks were provided with appropriate marks in order to show which craftsman had made them. This demonstrates that, even back then, there was a desire to be able to attribute certain products to a particular producer, thereby making it clear exactly who he was and so communicating his claim to quality and origin. Designations of origin or trade­marks are also known from the Greece of antiquity, where they could be found on such things as ceramics and figures. The same function is attributed to the seals used for securing transport containers like amphora or sacks. They also served to ensure or demonstrate quality, distinctiveness and origin, which is why the seal is counted among the forefathers of the trade mark. In medieval times, too, livery companies and guilds encouraged their members to mark their goods in order to distinguish them from competing products. Even evidence of the craftsman’s sign from ancient Egypt can be found in the Middle Ages: at that time craftsmen used to leave their mark (signet) at a particular spot on beams or walls. It was during the Renaissance above all that it became customary for artists to sign their work. This led to an extension of the means of product identification into the areas of style and artistic personality. This artistic authorship can be interpreted in the broadest sense as the precursor of today’s protection of patterns and designs. The process of industrialisation in the 18th, and most particularly the 19th century saw a great number of new products come onto the market, including the phonograph, the light bulb and the automobile. In the early days the name of the product played a subordinate role. However, with the introduction of mass production and growing competition in the markets came increasing competitive pressure between the industrialised nations. That in turn increased the pressure to label products and provide them with an individual image. Accordingly, in 1887 it became obligatory in Britain to label goods from Germany as “Made in Germany”. The intention here was to protect consumers from buying supposedly inferior goods from Germany. But, as we know…