고대 로마의 상표 사례 연구

To find the historical origins of the trademark system, it is necessary to look to the ancient world. While there have been studies on the use of provenance marks in the ancient world, specific case studies on specific marks in a trademark context are rare, both at home and abroad. In this paper, we study the marks found on earthenware containers (amphora), earthenware lamps, and glassware in ancient Rome. In particular, we focus on the ‘SES’ mark on amphorae, the ‘PORTIS’ mark on lamps, and the ‘ENNION’ mark on glassware, and analyze how these marks correspond to modern trademark concepts. We conclude that the marks ‘SES’, ‘PORTIS’ and ‘ENNION’, as used in ancient Rome, qualify as marks under our trademark law in that they indicate the source of the goods: amphorae, earthenware lamps and glassware, respectively. Furthermore, other marks were also used on the same class of goods, and these could have been competing marks, so they fall within the modern concept of trademarks as having the function of identifying goods as distinct from other goods. The marks also meet the definition of a ‘trademark’ in that they are ‘signs consisting of letters, symbols, shapes, etc.’. This paper has shown that marks that meet the definition of a trademark under our trademark law date back to at least the Late Republic period in Ancient Rome. The historical origins of modern trademark use can be traced back to the 1st century BC for ‘SES’ and the 1st century AD for ‘PORTIS’ and ‘ENNION’. It is believed that this period coincided with Ancient Rome’s greatest territorial expansion, and that commercial activities became increasingly dependent on commercial marks. In particular, the modern concept of trademark was firmly established in the first century AD in the ancient Roman Empire, as PORTIS and ENNION were the equivalent of today’s ‘famous trademarks’ based on goods of superior technology and quality.