In this article, it is argued that to the Regulation on the marking of goods produced by factories, adopted in 1830 by a Senate Ukase of the Russian Empire, was given the status of special law contain- ing penal provisions concerning the frame of industrial property, represented by trade marks. From this point of view, the legal act in question may be likened to the Romanian Law on trademarks and trade of 30.05.1879, which included a penal norm (art.13). It is also revealed that the purpose of art.1354 of the Criminal and Correctional Penalties Code of 1845 is expressed not in the protection of the tax and customs interests of the state (which were already sufficiently protected by the penal rules that incrimi- nated the tax and customs offences), but in the protection of the rights and interests of the manufacturers and other economic agents. It is recorded that only in the presence of the purpose of obtained profit, the release of the manufactured object against the clauses of a privilege on the invention may attract penal action provided by art.622 of the Penal Code of 1903. It is shown that with the adoption of art.199 of the Penal Code of the Ukrainian SSR of 23.08.1922, there was registered the inclusion of the trade name in the field of penal defense of the industrial property.