In 1862 the Merchandise Marks Act made it a criminal offence to imitate another's trade mark "with intent to defraud or to enable another to defraud". In 1875, the Trade Marks Registration Act was passed which allowed formal registration of trade marks at the UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trade mark and registration of marks began on 1 January 1876. The first trade mark to be so registered was the red triangle of the Bass Brewery. The 1875 Act defined a registrable trade mark as "a device, or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or a distinctive label or ticket". However, any word or name that was in use as a trade mark before the passing of the Act (in August 1875) was entitled to registration, whether or not the mark fulfilled these criteria.Bently, Lionel, "The Making of Modern Trade Marks Law: The Construction of the Legal Concept of Trade Mark (1860–80)" in Lionel Bently, Jane C. Ginsburg & Jennifer Davis (eds), Trade Marks and Brands: An Interdisciplinary Critique (Cambridge University Press, 2008)
