More of This Famous Trademark Feature • Part I Trademarks are Everywhere in Commerce • Part 2 Famous Trademarks • Trademark Guide • Back to Teen Dream Inventors

Other Patent Points To Ponder • A Patent for a President • Fingerprints of Commerce • The Art of Toys • Three Part Harmony • The Art of Photography • The House That Innovation Built • Colors of Innovation • Mothers of Invention Inventing 101 for Students

Trademarks are everywhere! In the medicine chest, in the closet, in the kitchen, in newspapers, in supermarkets, in restaurants, in shopping malls, on television and radio, and on buses.

Everyday, each of us encounters at least 1,500 trademarks and up to 30,000 if we visit a supermarket. They help us know the source of a product or service and give us valuable information about quality and consistency. Trademarks are the foundation of competition for businesses and signify the freedom of choice to consumers.

Trademarks have been around a long time. Some have been found on pottery made around 5000 B.C. 

Trademarks were used for different reasons in different parts of the world. Pottery makers in ancient China used marks as symbols of pride in their workmanship. Egyptian and Roman masons marked their bricks for purposes of accountability if the building collapsed.

In 1266, England passed a law requiring bakers to mark their bread so that "if any bread be faultie in weight, it may bee then knowne in whom the fault is."

In 1772, a Virginia farmer petitioned the Fairfax County court to allow him to use his name as a trademark for flour. His request was granted. The farmer later became our first President.

In 1791, a group of Boston sailcloth makers petitioned Congress to be allowed to register their marks. The matter was referred to Thomas Jefferson, then Secretary of State, who decided:

That it would, in his opinion, contribute to fidelity in the execution of manufacturing, to secure every manufactory, an exclusive right to some mark on its ware, proper to itself.

That it will, therefore, be reasonable for the general government to provide in this behalf by law for those cases of manufacture generally, and those only which relate to commerce with foreign nations, and among the several States, and with Indian tribes.

Thomas Jefferson
December 9, 1791

In 1870, Congress enacted the first U.S. trademark law. It was later declared unconstitutional because it was improperly based on the patent and copyright clause in the Constitution. It wasn’t until 1881 that a new law, based upon the commerce clause, was passed—just as Jefferson had suggested nearly a century before.

Once a trademark is registered, it can be renewed indefinitely if it is still being used in commerce. However, the owner must prevent the public from misusing the brand name to refer to all similar products. They do this by reminding the public, through advertising, that their brand names are trademarks and not just words. 

Some owners were unable to protect their marks after the public adopted them as common product names: corn flakes, dry ice, aspirin, escalator, high octane, kerosene, lanolin, linoleum, mimeograph, nylon, raisin bran, yo-yo, shredded wheat, trampoline.

When you see this symbol ®, it means that the trademark or service mark is registered with the U.S. Patent and Trademark Office.

These symbols are also used, usually before receiving a federal registration - ™ SM

Buyer Beware! Counterfeiting—the false marking of goods—has been a problem for centuries. Trademark owners use criminal prosecution, policing infringers, and public education to discourage counterfeiting and infringement.

The international success of American products has led to a vast industry in counterfeit products. Product counterfeiting worldwide has cost America nearly $200 billion and about 750,000 jobs.

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