Marks in Yasni Exposé of John Mercer

Abstract The development of branding is a neglected theme in business history. This article examines the emergence on a large scale of the unique product brand name - distinct from a company name or product descriptor - in the UK in the later nineteenth century. It looks at the interaction of branding strategies and UK trade mark law, which is shown to have accorded property rights in word-based marks only gradually and shaped the development of branding in the UK. Trademark application data from the 1870s to the 1920s is cited to illustrate the widespread take-up of the brand name in the UK from the 1880s, and to consider its use by different types of consumer goods firms. The article then analyses the effects of such branding into the twentieth century, including its contribution to competitive advantage, the introduction of brand architecture, and the problem of brand genericisation. It is argued that the adoption of the brand name marked a major shift in brands, from descriptions of origin to objects of artifice. Keywords: branding; brand names; trade marks; brand architecture

Downloadable! This paper looks at trademarks and brands, beyond the conventional interests of marketing and law, as a way to explaining the evolution of international business and economies in general. It shows that the perspective defended by many scholars such as Chandler (1990), Wilkins (1991, 1994) and Koehn’ (2001), about the Anglo-Saxon countries, and in particular the United States, leading the transition to modern trade-marks is narrow in its focus. Instead of the United States standing out as historically on the leading edge of innovation in the law and practice of trade marking, it appears from several directions to have been on the trailing edge. France and Britain have a more enduring interest in trademarking. The paper also looks at one particular subset of trade mark registration data – non durable consumer goods. These, and in particular food, are the dominant sectors in the three countries in terms of trademarking, reflecting the character of the sectors where imagery associated with the products is so central in competition. The paper relies on original data from three countries, France, the United Kingdom and the United States, in particular trade mark registrations, and the analysis spans for a period of one hundred years period 1870-1970.