Although some historians trace the origin of British trademark law to Roman times, the medieval guilds, or the sixteenth-century legal case of J. G. Samford, nothing like the modern notion of trademark law took shape until the latter half of the nineteenth century. In fact, we can probably say that, as of 1850 in the United Kingdom (UK), it made no sense to talk of “a law of trademarks” as such.
To say there was no “law of trademarks” does not mean that there were no laws regulating misrepresentation in trade. However, the protection afforded to traders who found themselves victims of the fraudulent imitation of their marks was scattered across different sources (trade-specific statutes or maverick judicial decisions) and lacked any unifying logic.
By 1850, the complex state of the body of these laws was a real cause of inconvenience and expense to traders who wished to gain protection in the UK for their trademarks. Moreover, it was an obstacle to the development of international agreements that would help garner protection for British traders’ marks abroad. And there certainly was a sense that British traders needed protection abroad, as the markets for their goods in the UK, the British colonies, and elsewhere were being penetrated by counterfeit goods.
1. Which of the following factors is NOT mentioned in the passage as having helped motivate the development of modern British trademark law?
A. The expense of gaining protection against fraudulent imitation in the UK
B. A general trend in the British legal system toward searching for a unifying logic in similar statutes from different sources
C. An influx of counterfeit goods into markets outside of the UK
D. The inconvenience traders experienced due to the complexity of trademark protections in the UK
E. The difficulty of developing agreements to protect against fraudulent imitation of British traders’ marks abroad
2. Which of the following statements, if true, most strongly supports the author’s claims regarding the state of trade and trade law in the UK prior to 1850?
A. In the UK prior to 1850, consumers paid little attention to traders’ marks in choosing which goods to buy.
B. Prior to 1850, British traders were responsible for the largest proportion of goods sold to the British colonies.
C. In the UK prior to 1850, cutlery makers, clothiers, and artists each developed separate regulations regarding fraudulent imitation in their respective fields.
D. Prior to 1850, the UK adopted its first comprehensive law setting minimum quality standards for various products.
E. Prior to 1850, British traders were usually unaware when someone used their marks fraudulently.
3. According to the passage, which of the following statements about trade in the UK prior to 1850 is correct?
A. Laws regulating misrepresentation in trade came from a variety of disparate sources.
B. Most traders used guild-specific marks as identifiers on their goods.
C. Imitating other traders’ marks was not the most common type of fraud committed by unscrupulous traders.
D. Using the existent laws regulating misrepresentation in trade, a trader could seldom gain protection against fraudulent use of a mark.
E. Misrepresentation in trade primarily affected traders working in the British colonies.