Trademarks are attached to commodities and are the product of commodity economy. With the development of commodity economy and the emergence of commodity production and commodity exchange, commodity signs gradually appear to meet the needs of business. In the west, trademarks originated in Spain; During the Northern Zhou Dynasty (A.D. 556-580), craftsmen signed their names on the pottery they made. With the development of history, the scope of use of trademarks is becoming wider and wider, and the forms are becoming more and more complete. However, the situation of counterfeiting and copying trademarks is increasing day by day, because the right of commodity manufacturers to print marks on commodities is not protected by law, and legitimate users of trademarks cannot prevent others from copying them. Therefore, in the developed capitalist countries in the19th century, in order to ensure the legitimate rights and interests of commodity producers, stop the infringement of counterfeiting trademarks by others, protect the due interests of consumers, and maintain their economic interests and order, it is necessary to enact laws to legally protect the special marks made by producers or operators on their own commodities, and ensure that trademarks are only allowed to be used by trademark markers according to state regulations, and others are not allowed to counterfeit. In this regard, at first, only the legislature took certain measures through the court to stop the infringement of trademark rights, and later gradually formed an independent legal system.
The Factories, Factories and Workshops Act came into being under such circumstances. There are 16 articles in this law, among which Article 16 defines trademark counterfeiting as the crime of forging documents without permission. However, this law is not a special trademark law, nor is it a trademark law that is uniformly implemented throughout France. The earliest national unified trademark law in the world was also produced in France, which is the marking and trademark making law based on the principle of use and non-censorship formulated by France in 1857. The origin of this law is 1382 of the French Civil Code and 1803 and 1809 Trademark Registration Law. 107, that is, 1964, the law was greatly revised and promulgated and implemented under the name of the trademark and service trademark law with the principle of registration as its content. Later, it was revised twice in 1965 and 1975, but the basic content remained unchanged. After France, Britain, the United States, Germany and Japan promulgated their own trademark laws at 1862, 1870, 1874 and 1875 respectively. At present, 127 countries in the world have promulgated the Trademark Law, which clearly stipulates that trademarks are industrial property rights protected according to law and are not allowed to be infringed by others, which has been recognized by all countries in the world. Accordingly, international organizations for trademark protection came into being.