Mark (sign)

A mark is a written or imprinted symbol used to indicate some trait of an item, for example, its ownership or maker.^[1][2] Mark usually consists of letters, numbers, words, and drawings.^[3] Inscribing marks on the manufactured items was likely a precursor of communicative writing.^[4]

Historically, the marks were used for few purposes:^[5]

• declaration of the ownership (an ownership mark, for example, livestock branding^[6]);
• identification of the manufacturer and place of origin (manufacturer's mark, maker's mark, later a factory mark);
• differentiation in order to distinguish between similar items (for example, a date mark). These marks are typically useful to distributors;^[7]
• certification of the product quality (certification mark, for example, an assay mark).

In the 17th century in the English cloth trade a new class of marks was created, now called trademarks: the cloth was required to contain both the maker's mark (initials of the maker) and the mark of the clothier, indicating the capitalist who furnished the capital for the production.^[8]

In the US commercial law, "mark" means either a trademark, a service mark, a collective mark, or certification mark.^[9] French Intellectual Property Code defines a mark as "a sign likely to be graphical representation" of the maker.^[3]

The ownership marks (at the time simultaneously the maker's) are the oldest ones (per Rabelais, "the sense of ownership of his works is as natural to man as laughing"^[3]). Some researchers claim that the decorations found on the shells of ostrich eggs in South Africa and dating back 60,000 years are marks of the owner.^[10]

Livestock branding is known for thousands of years (the Code of Hammurabi mandated it almost 4000 years ago^[6]); other forms of signs indicating ownership are monograms and heraldic symbols.^[11] Libraries use ownership marks in the form of bookplates, rubber stamps, embossed seals.^[12]

The manufacturer's marks are quite old: the ones found on Korakou culture pottery are four thousand years old, and the ones on ancient Greek and Roman vases date back to 5th-4th centuries BC.^[13] While the production marks are technically distinct from the ownership marks, in the ancient times, when a craftsman typically was the same person as the merchant, and many people were illiterate, a single mark frequently served both purposes.^[14] The rise of factory marks (at the expense of the marks of actual makers) was occurring in many industries since the 17th century, De Munck links this to changes in the labor relations and methods of production (molds for earthenware, for example, reduced potters to low-skilled laborers).^[15]

The distinction between the factory marks and trademarks in England became clear by the 17th century in the cloth trade: the manufacturer marks (initials of the maker weaved into the cloth) were required from the producers by regulations and represented a liability, while the trademark (mark of the clothier) represented the goodwill, an asset, not of the actual craftsman, but of the capitalist who furnished the capital for the production.^[8]

Medieval guilds set up the system of compulsory ("regulatory") marks for the craftsmen, intended to trace the defective items and punish the offenders,^[16] with most typical examples provided by the bakery trade.^[17] In English weapons manufacturing (including cutlery) the regulations concerning the manufacturer marks were firmly established in the 14th century: no weapon shall be sold without a personal mark of the craftsman, misuse of the mark was subject to court actions.^[18]

While occasionally the marks were directly etched onto ceramic objects, the nature of the manufacturing process was amenable to the use of seals. The oldest stamp seals were button-shaped objects with primitive ornamental forms chiseled onto them.^[19] In the fourth millennium BC, Sumerians introduced cylinder seals that had to be rolled over the soft clay to leave an imprint.^[20] From the 12th century BC the previous designs were largely abandoned in favor of amphora stamps.^[6] Romans introduced their signacula, true manufacturer's marks, around the first century BC;^[6] Byzantine maintained the tradition in their commercial stamps.^[21]

• Mark (designation), a type of version number

• Di Palma, Salvatore (2015). The History of Marks from Antiquity to the Middle Ages. Société des écrivains.
• Schechter, Frank Isaac (1925). The Historical Foundations of the Law Relating to Trade-marks. New York: Columbia University Press. ISBN 978-1-58477-035-0. OCLC 41951335.
• Semprini, Andrea (1995). La marque (in French). Paris: Presses Universitaires de France - PUF. ISBN 2-13-047053-X.
• Greenberg, Abraham S. (December 1951). "The Ancient Lineage of Trade-Marks". Journal of the Patent Office Society. 33 (12): 876–887.
• Jones, S. (2002). "Trademark". Encyclopedia of New Media: An Essential Reference to Communication and Technology. SAGE Publications. pp. 440–441. ISBN 978-1-4522-6528-5. Retrieved 2023-10-31.
• Stevens, Rolland E. (1956-11-01). "Loss of Books and Library Ownership Marks". College & Research Libraries. 17 (6). American Library Association: 493–496. doi:10.5860/crl_17_06_493. hdl:2142/36801. ISSN 2150-6701.
• De Munck, Bert (December 2012). "The agency of branding and the location of value. Hallmarks and monograms in early modern tableware industries". Business History. 54 (7): 1055–1076. doi:10.1080/00076791.2012.683422. eISSN 1743-7938. ISSN 0007-6791. S2CID 218587496.
• Brown, Brian A.; Feldman, Marian H. (2013). Critical Approaches to Ancient Near Eastern Art. Walter de Gruyter. ISBN 9781614510352.
• Vikan, Gary (1991-01-01). "Stamps, Commercial". The Oxford Dictionary of Byzantium. Oxford University Press. doi:10.1093/acref/9780195046526.001.0001. ISBN 978-0-19-504652-6.

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