The
first trademark legislation was passed by the Parliament of England
under the reign of King Henry III in 1266, which required all
bakers to use a distinctive mark for the bread they sold.
The
oldest registered trademark has various different claimants but
in United Kingdom in 1876 The
Bass Brewery's label incorporating its triangle logo for ale was
the first trade mark to be registered under the Trade Mark registration
Act 1875. (Logo, trade mark
of Bass Brewery)
A
trade mark is any sign which can distinguish the goods and services
of one trader from those of another. Such a sign can include,
for example, words, logos, pictures, colour, shape or a combination
of these.
To be registrable a new trade mark for goods and/or services must:
not be similar or identical to any earlier marks for the same
or similar goods or services; be distinctive for the goods and/or
services of its proprietor; and not be descriptive; not deceptive,
or contrary to law or morality.
Ownership of a registered trade mark creates the right to prevent
others from making unlicensed use of the registered mark.
A trade mark can be registered: in the UK, in individual foreign
countries, in the European Community (single registration valid
in all members of the European Union) and as an International
Mark under the Madrid System (single application designating any
of many countries)
Cost:
from £400 for a UK registration to £2000 for an EU.
USA cost from £1000