THE REGISTRATION OF TRADE MARKS IN CHINA
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22.---In the event of any infringement, such as is described in Regulation No. 21, being discovered, all trade marks, or articles used for making the same, shall be confiscated, and any goods or wrappers, packages or "chops," which cannot be dissociated from the marks they bear, shall be destroyed.
23.-Chinese or foreigners must pay fees according to the following scale, in connection with the registration of their marks and the issue of certificates :-
On every application to register a mark
On registration of a mark and issue of a stamped certificate On transfer of, or declaration of partnership in, a mark...... On renewal of registration.....
For every copy of a document connected with registered
marks
If above 100 characters, for every additional 100 characters For inspecting register, every half hour
For renewal of certificate, if lost
On reporting any case of fraudulent imitation
On application for reconsideration of ruling given
Haikuan Tls. 5.00
30.00
""
""
20.00
25.00
72
2.00
~
.50
1.00
10.00
??
5.00
""
5.00
""
30.00
"9
On requesting the transfer of ownership rights to next of
kin, in the event of death
5.00
??
On application to cancel registration
SUPPLEMENTARY REGULATIONS.
24.-The above regulations will come into force on the 15th day of the 9th moon of the 30th year of Kuanghsü (23rd October, 1904.)
25.-As, according to Treaty, reciprocal protection is guaranteed, the Registra tion Office undertakes to recognise as valid all applications for registration of trade marks, made through the proper channels, prior to its assuming its functions.
26.-If, in the case of trade marks registered abroad, application for registra- tion has been made to the Registrar within six months of the Office commencing its functions, such applications will be considered as standing at the head of the list.
27.-Trade marks, which, prior to the commencement of its functions by the Registration Office, may have been protected by proclamation on the part of the local authorities, will cease to enjoy such protection, if due application for registration be not made within six months of the time when the Registration Office shall have been opened.
28.-The three foregoing regulations do not affect the provisions of Regulation No. 5.
Note. The above regulations are provisional and are subject to revision when the Code governing trade marks shall have been compiled.
DETAILED RULES OF THE TRADE MARKS REGISTRATION OFFICE.
1.-All applications and memoranda connected with trade marks must be made out in duplicate. They must state clearly applicant's name and residence, and the date on which application is made. Application must be made in the Chinese langu- age, and foreign applications must be accompanied by Chinese translations.
2.-Applications must be made out on the forms laid down.
3.-Applications made through an agent must be accompanied by proof of authority to act.
4. The Branch Offices will retain the copies of the applications made to them, and forward the originals to the Head Office.
5.--The Head Office will number all applications made to them, and furnish the applicant with his particular number, which, in all future correspondence regarding. his application, will have to be quoted.
Original from
UNIVERSITY OF MICHIGAN