Trademarks from the Jeffersonian Era to the Industrial Revolution

This period ushered in the use of trademarks in a way familiar to us today. The legislative debate over trademarks was influenced by Thomas Jefferson. The first trademark court cases were followed by legislation. Trademarks were now considered legal property. Brand names became familiar to consumers.

1788
Origins of American trademark protection is the manufacture of sail cloth.

1789
Lead label or seal required to be affixed to goods.

1791
Jefferson recommends trademark legislation based on commerce clause of the Constitution, in consideration of requests of sailcloth makers. The federal protection available covers only items of manufacture being exported to foreign nations or into Indian Territory. Items manufactured and sold within a State are protected by State legislation. There is no provision for interstate commerce.

1842
Michigan enacts a law requiring log marks to be registered in the county where the logs are to be manufactured into lumber .

1857
Trademark laws enacted in France.

1862
Trademark laws enacted in UK.

1870
Trademark legislation passed based on patent and copyright clause of the Constitution, later repealed.
First trademark is registered to Averill Paints.

1872
The Official Gazette of the United States Patent and Trademark Office begins publication.

1876
Bass® brewery registers first trademark in UK.

1881
Trademark legislation is passed based on commerce clause of the Constitution. Provision is made for the registration of trademarks to be used in commerce with foreign nations and with the Indian tribes. No provision is made for interstate commerce.

1883
First international trademark agreement was reached at the Paris Convention for the Protection of Industrial Property. The countries involved in this convention agreed to provide the same protections regarding marks that they provide to their own nationals.

1887
Coca Cola® first used as a trademark for a tonic beverage.

1895
Quaker® registered as a trademark for oats.

McKinney Engineering Library