History of Trademark in Timeline

A trademark is a type of intellectual property used to identify and distinguish goods/services of one party from those of others. Trademarks can be words, phrases, symbols, designs, or combinations thereof. Non-traditional trademarks also exist including product shapes, sounds, scents, or colors that create a unique brand identity. Examples include the word "Pepsi" for soft drinks and the shape of the Coca-Cola bottle.

1905: Revision of the Trademark Act

In 1905, Congress revised the Trademark Act in the United States based on its Commerce Clause powers.

1938: The Trade Marks Act 1938

In 1938, the Trade Marks Act 1938 in the United Kingdom established the first registration system based on the "intent-to-use" principle, set up an application publishing procedure and expanded the rights of the trademark holder.

1946: Lanham Act

In 1946, the Lanham Act was enacted in the United States, updating the trademark law and serving as the primary federal law on trademarks.

1994: Trademark Law Treaty

In 1994, the Trademark Law Treaty was established to streamline procedures for member countries to recognize trademarks registered in other member countries under the World Intellectual Property Organization.

2000: Creative Gifts, Inc. v. UFO decision

In 2000, in the case of Creative Gifts, Inc. v. UFO, the 10th Circuit affirmed the rights of the trademark owner regarding the domain name "Levitron.com", even though the goods sold there legitimately bore the trademark "Levitron" under an at-will license.

2001: Scandecor Development AB v. Scandecor Marketing AB et al. judgment

In 2001, the House of Lords issued a judgment in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21, which held that granting a bare license did not automatically mean that a trademark was liable to mislead.

2011: Eva's Bridal Ltd. v. Halanick Enterprises, Inc. case

In 2011, the US law case of Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011) was cited regarding US trademark law.

2017: Trademark Rules 2017 in India

As per the Trademark Rules 2017 in India, an applicant needs to substantiate his claim that his trademark is having the "well-known" status. He needs to furnish the documents in support of evidence of his rights & claims, namely use of trademark, any application for trademark, and annual sales turnover, and so on.

2023: Trademark Search system replaces TESS

In 2023, the Trademark Search system replaced the Trademark Electronic Search System (TESS) for searching the USPTO database of registered trademarks in the United States.