That Bass Pale Ale Label - Why It Wasn't the First Trade Mark Registered in the UK

There is an enduring story that Bass’s Red Triangle was the first registered trade mark in the United Kingdom in 1876 – and with 2026 being the 150th anniversary of this claim there have been quite a few mentions, reports and comments published recently. We’ve all read the following in one form or another in many a publication in print and online.

‘The earliest known trademark is said to be the Bass Ale triangle.’

‘[Bass’s] red triangle became the UK's first registered trade mark.’

‘Bass's application for its Pale Ale Label back in 1876 was the first ever UK trade mark registration.’

The latter of those is more correct, as it was the whole label that was registered and not just the triangle, but in actuality this wasn’t even the first registered trade mark. Nor was it likely to have been the first whole beer label that was a registered trade marked once we delve into a little copyright history sprinkled with a little pedantry.

Trade marks were around for a long time before the 19th century in one form or another but from a legislative and product labelling point of view the focus here is on that century and especially the legislation than cover the UK, and Ireland, at that time. Some of the laws and wording from that era are quite tricky to understand in their entirety but it can still be looked at with a layperson’s eye and some understanding can be garnered from it – hopefully correctly – in order to delve into the more basic history of trade marks in that century. Here's a short summation of what can be gleaned from a moderate amount of research on the subject.

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The first relevant piece of 19th century legislation for this topic was the Copyright Act of 1842 (5 & 6 Vict. C. 45). This dealt mostly with published works such as books, plays and other printed material. It wasn’t the first ever copyright act but it appears to be the first where copies of published works had to be submitted to certain libraries and where an entry in the registry of copyrights at Stationer’ Hall in London could be used to help your claim in the case of a copyright infringement – something that was looked after by The Stationer’s Company who operated from said premises, in one form or another, since the 16th century. Redress for infringements were enforced via the Court of Chancery by the holder.

But it appears that it wasn’t just published works that could be registered, it was also trade marks and labels from this date.¹

Here’s a nice example for such a registered trade mark from 1847 for Daintree & Co.²

And another from 1874 but crucially stating that the shown label for Bishop’s Citrate of Magnesia was registered in Stationer’s Hall in 1860 – not just the trade mark itself.³

Curiously, even as late as 1891 Garvey’s in Waterford were advertising that their Guinness Porter label was entered in the Book of Registry of Copyright in Stationer’s Hall, and they quote that much earlier 1842 act as can be seen here.⁴ This is a very late use for registration in this way, as be seen later, but it proves that beer labels could be registered under this early act although sadly there is no proof that Garvey's registered it earlier than 1891. It is also of note that the words 'trade mark' are not actually mentioned here, so this is certainly in a greyer area and probably explains the late use.

There are many more examples so even under this act there was an ability to register trade marks and labels for many products and consumables under a copyright act.

The next piece of legislation is The Merchandise Marks Act 1862 (25 & 26 Vict. C.88) which spelled out further the implications of the fraudulent marking of merchandise and the penalties imposed on those who would try to pass of one product as another, including fines, seizures and convictions. It would also seem that with both of these acts the need for registration was not entirely specified – or possibly not even required – but never the less ‘registered designs’ were mentioned which seems to lead to more and more businesses, including breweries, registering theirs as a way of proving ownership. This was still dealt with under a general copyright law more so than any specific trade mark law – but trade marks were certainly still being registered in the 1860s and 1870s. (The almost endless, and relatively fascinating, debates regarding this act were printed in many newspapers at this time, many quoting the continental legislations that were already in place before this act. They are certainly worth a read and were printed in parliamentary reports and covered very well by newspapers of the time.)

It would appear that the first of what we now recognise as the older buff Guinness labels with black writing and a red code was registered in 1862⁵ and mention of that can be seen in advertisements around that date which mention 'registered label on each bottle.'

We can see another drink label being mentioned as registered here in this advertisement for Hennessy's Brandy from 1868. It says, 'Copyright of our lable[sic], with the battle axe (our trade mark) is registered at Stationer's Hall, London.' We can see here the word being used is 'copyright' more so than the phrase 'trade marked' due to it still being done so under copyright law but it has been registered, as has their trade marked image.⁶ (It seems from newspaper reports that it was extremely common to send inferior brandy in Hennessy branded casks to 'the colonies' at this time!)

For another example, here’s a label facsimile from 1872 for Bottled Cooper, a blended beer ‘brand’ with Irish origins at the Beamish & Crawford brewery in Cork. The words 'Registered Trade Mark' can be seen on the tower in the centre of the label.⁷ Beamish & Crawford were using this castle trade mark from at least 1862 – although earlier labels omit the word 'registered' – and sadly it is unclear as to whether the whole label was registered or just the logo. It does seem likely at least that the whole label was entered at Stationer's Hall but no proof of that can be found in common sources, but we can be relatively confident that the logo at the very least was registered.

Finally came the Trade Marks Registration Act of 1875 which now dealt specifically with trade marks, and where as previous registration had been made under copyright law and lumped in with other copyright material. Now trade mark records were held together, and separate from the other copyright material. A Trade Mark Registry Office was opened in Quality Court, 47 Chancery Lane on the 1st of January 1876 with a Mr. H. R. Lack from the Board of Trade the first registrar, and this we can assume is when and where that famous Bass label is the first one registered.

For the record, Guinness registered their label under this act in the same year, but on the 1st of April!

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So, as pedantic as it might sound, it is not correct to say that the Bass Pale Ale label was the first trade marked beer label registered, or even the first label registered, and certainly not the first trade mark. It is more correct to state it was the first trade marked label to be registered under the new Trade Marks Register Act of 1875. (Incidentally, Bass had a trade mark from c. 1848 according to a newspaper report in The Sheffield Independent when the 1862 act was being debated and those from the brewery were being queried and interviewed. In that piece they were specifically called as witnesses as to how prevalent the fraudulent labelling of their product was in the UK, and beyond.)

Further consolidation and amendments were added towards the end of the century and into the next, and although the 1875 act was certainly the most far reaching and important piece of legislation it was by no means the first of the 19th century, nor was it impossible to register a label or trade mark for a product prior to this act as we can see.

Sadly, much of the earlier trade mark records were destroyed¹ and this might include those of Stationer's Hall too? Information appear to be scarce, so it might be impossible to find out what was the first 'trade marked' consumable product in the UK under the copyright acts, let alone which beer label was first registered under that early legislation. A search of the records available online do flag some brewery trade marks in the years just prior to 1876 but no labels sadly. And of course, the Bass label may have been the first registered under these earlier acts too, but I can find no proof or mention of that.

This is a very simplified look at what is in fact a complex and nuanced subject, and admittedly, in the grand scheme of things this sort of detail probably doesn't matter. But it is still important to clarify certain aspects of beer history and bust as many myths as possible, even if this one isn't entirely incorrect – it's just misquoted. And although it is very true that there was no bespoke 'Trade Mark Register' in the UK prior to 1875 there was the ability to register a trade mark by other means as we can see, specifically copyright law, and these trademarks and labels were registered in Stationer Hall.

A tedious, pedantic point perhaps, but hopefully justified?

Liam K

(The image at the top of the post is just a nice label from an advertisement for the Hibernian Mineral Water Company from The Dublin Advertising Gazette 28th August 1869 showing their registered trade mark, and predating 1876 as another nice example. Plus it's Irish.)

¹ National Archives Website

² Webster's Royal red book or Court and fashionable register published in 1847

³ Year Book of Pharmacy published in 1847

⁴ The Waterford Standard 27th January 1892 

⁵ A Bottle of Guinness Please – David Hughes 2006

⁶ The London and China Express 24th April 1868

^{7 The Islington Times 17th January 1872}

(More on that bottled Cooper here.)

Please note, all written content and the research involved in publishing it here is my own unless otherwise stated and cannot be reproduced elsewhere without permission, full credit to its sources, and a link back to this post. Newspaper research was thanks to The British Newspaper Archive, who have kindly let me share the above images. Other sources are as stated. DO NOT STEAL THIS CONTENT!