Trademarks began appearing in English common law in the late sixteenth (16th) century and have received protection in America since the nation's founding. See Matal v. Tam, 582 U.S. 218, 224 (2017) (citing 3 J. McCarthy, Trademarks and Unfair Competition § 19:8 (4th ed. 2017) ("Trademarks and their precursors have ancient origins, and trademarks were protected at common law and in equity at the time of our founding."). Despite such early origins, the first federal trademark statute was not passed until 1870, which provided ample opportunity for the American trademark common law to develop. The first federal trademark statute was "An Act to Revise, Consolidate, and Amend the Statutes relating to Patents and Copyrights," 16 Stat. 198, §§ 77–84 (Jul. 8, 1870). This act was short-lived, however, as the Supreme Court declared the Act an unconstitutional extension of Congress' enumerated powers. In re Trade-Mark Cases, 100 U.S. 82 (1879). Because of the Act's title, the Court believed that Congress passed the legislation pursuant to the Intellectual Property clause of the Constitution. U.S. Const. Art. I § 8, cl. 8 ("To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."). The Court ruled that trademarks were property to be regulated by common law and the states because "[t]he ordinary trade-mark has no necessary relation to invention or discovery." Id. at 94. 

Following the Trade-Mark Cases, federal legislation would not re-enacted until 1881. 21 Stat. 502 (Mar. 1, 1881). The 1881 Act, however, was "totally inadequate" as it only provided for federal registration of "trademarks used in commerce with foreign nations and the Indian tribes, but did not include interstate commerce." 1 J. McCarthy, Trademarks and Unfair Competition § 5:3 (5th ed. 2025). The 1881 Act was quickly repealed and replaced by the Trademark Act of 1905. 33 Stat. 724 (Feb. 20, 1905). The 1905 Act provided a more modern approach to trademark legislation but still had major drawbacks, which Congress sought to alleviate through the amendments to the Act in 1920. Id. Ultimately, the amendments failed to address the "realities of twentieth century commerce and brand names." Id. As a result, the American Bar Association, led by attorney Edward Sidney Rogers, began pressing and drafting for revisions to the law, which would become the Lanham Act. 

For a fascinating recount of Rodgers role in developing the Lanham Act, see Jessica D. Litman, Edward S. Rogers, the Lanham Act and the Common Law" in Research Handbook on the History of Trademark Law, edited by Robert G. Bone and Lionely Bentley (Edward Elgar 2024). 

Documents relating to the original enactment of the Lanham Act are available via ProQuest Legislative Insight.

The Lanham Act, 60 Stat. 427, 79 Pub L. 489

1. House Report Providing for the Registration and Protection of Trademarks Used in Commerce, to Carry Out the Provisions of Certain International Conventions. H.R. Rep. No. 79-219 (1945). 
2. Bill Amended and Passed House. H.R. Rep. No. 79-305 (1945). 
3. Senate Report Providing for the Registration and Protection of Trademarks Used in Commerce, to Carry Out the Provisions of Certain International Conventions. S. Rep. 79-1333 (1946). 
4. Bill Amended and Passed Senate. S. Reo. No. 79-614 (1946). 
5. Conference Report Agreed to in House. S. Rep. No. 79-628 (1946) (Conf. Rep.).

Additionally, the Lanham Act has been amended significantly since 1945. The following sources provide legislative history for major amendments to the Lanham Act.

Trademark Law Revision Act of 1988, 102 Stat. 3935, 100 Pub. L. 667 (adding an "intent-to-use" basis for federal trademark registration). 

1. Complied Legislative History via HeinOnline (providing legislative reports and several secondary sources written at the time of enactment). 
2. Complied Legislative History of the Trademark Law Revision Act of 1988 via Westlaw

Federal Trademark Dilution Act of 1995, 109 Stat. 985, 104 Pub. L. 98 (adding a federal cause of action for dilution of famous marks). 

1. Complied Legisaltive History via HeinOnline.
2. Legislative History via Westlaw (not compiled, but containing over thirty (30) documents for research). 

Trademark Law Treaty Act, 112 Stat. 3064, 105 Pub. L. 330 (amending the Lanham Act to conform registration and renewal process with worldwide formalities). 

1. Legislative History via HeinOnline (not compiled). 
2. Legislative History via Westlaw (not compiled). 

Madrid Protocol Implementation Act, 116 Stat. 1758, 107 Pub L. 273 (enacting provisions to comply with the Madrid Protocol System). This Act is a component of a larger act called the 21st Century Department of Justice Appropriations Authorization Act. 

1. House Report from Committee on the Judiciary, Madrid Protocol Implementation Act available via ProQuest Legislative Insight. (cite as Staff of H. Comm. on The Judiciary, 105th Cong., Madrid Protocol Implementation Act (Comm. Print 1997)). 
2. Senate Report on the Madrid Protocol Act act available via ProQuest Legislative Insight. S. Rep. No. 107-46 (2001)

A signing statement from George W. Bush is also available for the Act via ProQuest Legislative Insight. However, the statement is silent on the Madrid Protocol Implementation Act.  (Can you guess why?)