商标与经济发展息息相关，对商标财产的认识历经数百年。中世纪起，商标只是作为所有权标记与商业秩序管理工具。工业革命前后，市场的崛起与商人利益集团的推动彻底改变了商标发展的历程，商标财产价值日益展现。18世纪起，商人团体积极游说政府进行商标立法，承认商标为其个人财产。在布莱克斯通思想影响下，商标在当时不能成为一种财产，防止欺诈才是其保护基础。后来，在霍菲尔德等学者的努力下，财产理论突破了布莱克斯通的局限，并在劳动理论指引下，英美法院意识到“使用创造财产”，商标可以作为财产进行保护。而后，注册制度成为对商标进行财产保护之关键，如果商标获得注册，则自发出注册证的那一刻起，它就成为该注册证上列明者的财产。反淡化立法的出现，说明法院关注的焦点已不是消费者是否受到欺诈，而是将判案重心放在商标本身的财产价值。商标转让与许可的松动，则进一步体现了市场对商标财产的认同。%Trademark and economic development are closely related. It takes hundreds of years for people to understand trademark as a kind of property. In middle ages, trademark was only used as the mark for ownership and the instrument to maintain business order. Around the Industrial Revolution, the rise of the market combines the push of businessmen interest groups fundamentally changed the meaning of trademark. The property value of trademark was displayed. Since the 18th century, business groups actively lobbied the government to carry out legislation for trademark, with an aim to recognize trademark as personal property. However, inlfuenced by the thought of Blackstone, trademark was not recognized as a kind of property by law;its major function was to prevent consumers from being cheated. Later, with the efforts made by Hohfeld and other scholars, the property theory broke through the limitations of Blackstone thought. Enlightened by the labor theory, the Anglo American courts acknowledged that“property could be created by usage”, therefore trademark could be protected as property. Registration system becomes crucial in protecting trademark as property. Once a trademark is registered, it becomes the property of the registrant upon issuing the registration certiifcate. The legislation on anti-dilution protection indicates that concerns of courts have shifted from fraud to trademark’s property value. Permission of trademark transfer and licenses further relfect the market recognition of trademark property.
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