We all recognise a trade mark today, even if we don’t fully understand the law behind it. Modern trade mark law has been around in the UK for a long time, but before the first Act was passed traders and merchants instinctively used symbols and marks to differentiate themselves.

1. The history of the UK trade
mark
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2. • Today the term ‘trade mark’ is commonly used and widely
understood. While consumers may not know the legal background of
a trade mark, it’s generally understood that the product, symbol or
name belongs to a company or business.
• Modern trade mark law in the UK has been established for a long
time, but how much do you know about its history and development?

3. Historically significant
• Traders, shops and merchants have instinctively used unique symbols
and markings for their wares for centuries. From barber shop poles to
product symbols, the idea of having unique marks for different
products has long been established.
• However, it’s only during the last 200 years that guidance, and
eventually legal directions, have been created and implemented.

4. Key trade mark legislation
• To bring us to where we are today concerning the legality of trade
marks, how products are registered and how patents work, there
have been a number of legislative changes.
• The first Act of Parliament that was enforced regarding trade marks
was the Merchandise Marks Act 1862. This specifically made it a
criminal offence for anyone to copy another’s merchant mark in order
to make money. Finally, merchants could be sure that their personal
mark wouldn’t be used by someone else to sell goods and services.

5. Formal register for trade marks
• Soon after, in 1875, the Trade Marks Registration Act launched a formal
system of registration for trade marks at the UK Patent Office. Registration
began on 1 January 1876 with the Bass Brewery registering its distinctive
red triangle – a trade mark that is still in use today.
• The 1875 Registration Act also defined a trade mark for the first time,
ensuring that there could be no legal misunderstanding of the term. It laid
a trade mark out 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.”
• In a nod to the unofficial trade marks that were already in existence before
this Act was passed, any word or name that had been effectively used as a
mark before August 1875 could be registered, even if it did not fulfil the
criteria.

6. Reducing costs
• In 1883, another Act was brought into law – the Patents and Trade
Marks Act 1883. This reducing the cost of registering a trade mark
and further expanded the scope of the definition. The law now
allowed “fancy words not in common use” to be formally registered.
• This Act effectively revised and rejuvenated trade mark law and
introduced ‘brands’ as new trade marks for the first time in law.

7. Further Acts of amendment
• Further major Acts surrounding trade marks were passed in 1888 and
1905. Both of these altered and refined the definition and
understanding of a trade mark. In 1919, legislation was introduced to
separate the trade mark register into two parts, each of which had
different criteria for registration.
• The final law to be passed before the current Act of 1994 was in 1938.
This remained in force for decades until the introduction of the trade
mark law that we use today.

8. Trade Marks Act 1994
• On 31 October 1994, the Trade Marks Act 1994 was formally passed.
It was formulated to implement the EU Trade Mark Directive 89/104
into UK law.
• The level of detail within the 1994 Act has meant that there have
been no further changes to trade mark law since then. The law
governs trade marks in the UK and on the Isle of Man, although it
doesn’t cover the Channel Islands, which have their own trade mark
registers.
• The current law describes a trade mark as a name, word, symbol,
logo, design image, shape, sound, phrase or signature, or any
combination of these elements.