Some Historical Matter Concerning Trade-Marks

Most of the text books on the subject of trade marks begin with the case of Southern v. How, and either expressly assert, or by implicating convey the impression that trade marks are a comparatively modern thing, when, as a matter of fact few human institutions can boast a more respectable antiquity. The use of trade marks dates from the very earliest times of which we have any knowledge. The recent excavations in Asia Minor and in Egypt have revealed bricks bearing names which are supposed to be those of the manufacturers accompanied in many instances by devices. Roman bricks similarly marked have frequently been found.

These inscriptions are of various kinds. In the days of republican brevity the date alone usually appears, the initials of the consuls, sometimes the name of the maker during the period of the Empire, there occurred also the names of the owners of the estate where the kilns were located, those of the owners or lessees of the factories, and those of the freedmen or slaves in charge of the work. In many cases the inscription is accompanied by a picture or a figure. It has been supposed that in addition to performing the function of a trade mark these names and devices indicate a governmental or official regulation.