In trademark treatises it's typically stated that blacksmiths who made swords in the Roman Empire are thought of as being the 1st users of trademarks. Other notable trademarks that have been used for a long time include Lwenbru, which claims use of its lion mark since 1383. The 1st trademark legislation has been passed by the Parliament of England under the reign of King Henry III in 1266, which obliged all bakers to use a distinctive mark for the bread they sold.
The 1st modern trademark laws emerged in the late 19th century. In France the 1st complete trademark system in the world has been passed into law in 1857 with the "Manufacture and products Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to mimic another's trade mark 'with intention to defraud or to enable another to defraud'. In 1875 the Trade Marks Registration Act has been passed which allowed formal registration of trade marks at the UK Patent Office for the 1st time. Registration has been considered to comprise prima facie evidence of ownership of a trade mark and registration of marks began on one January 1876. The 1875 Act defined a registrable trade mark as 'a device, or mark, or name of an individual or firm printed in some specific 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 the United States, Congress 1st attempted to set up a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Clause powers. but, the Supreme Court struck down the 1870 statute in the Trade Mark Cases afterward on in the decade. In 1881, Congress passed a new trademark act, this time pursuant to its Commerce Clause powers. Congress modified the Trademark Act in 1905. The Lanham Act of 1946 updated the law and served, with some number of rectifications, as the main federal law on trademarks.
The Trade Marks Act 1938 in the United Kingdom set up the 1st registration system depending on the intent to use principle. The Act also established an application publishing procedure and extended the rights of the trademark holder to include the barring of trademark use in cases where misunderstanding stayed not likely. This Act served as a model for alike legislation elsewhere.