Page
THE
DISTILLERS AGENCY, LTD.
SOLE AGENTS
London, Edinburgh, Glasgow.
"
The
Top Notch
"KING
Scotch
GEORGE IV"
WHISKY
GANDE, PRICE & Co., Ltd.,
No. 6, Queen's Road Central,
HONGKONG. Tel. No. Central 136:
DAIRY FARM NEWS.
ICE CREAM
PINTS
and
.80
IN ALL
QUARTS
$1.50
POPULAR FLAVOURS.
SPECIAL
LACTO STRAWBERRY ICE
75 Per Quart
Delivered Anywhere.
ΤΗΣ
HONGKONG DAILY PRESS, FRIDAY, APRIL 1STα, 1924
THE CHINESE TRADE MARK
LAW.
A SEMI-OFFICIAL EXPLANATION.
The following has been contributed ta the Peking Daly Yeirs, doubtless by some- one in the Chinese Government service intimately connected with the working of the law:
With reference to the letter of protest, dated March 7th,' 1924, addressed jointly by all the foreign Chambers of Commerce in Shanghai to the Consular Body, it may be of interest to examine the salient fea- tures and to point out and correct some of this misinterpretations and misrepre sentations therein contained with regard to the Chinese Trade Mark Law.
PASCALL'S
SWEETS
AND
EASTER
EGGS.
A
Large Assortment
Just
Landed.
In the first place, gobjection was raised. in the letter to the alleged inadequats and unfair procedure of adjudicating a dia- pate as provided by the Trade Mark Law. Nothing is farther from the real meaning of this provision of the law. The proce dure for conducting a hearing concerning" registration of a trade mark as specified in the Law is so formulated that if an applicant boncerned is not satisfied with the decision, he may demand a rehearing of the matter so as to remedy any im- propriety of the first hearing on the one band, and to give due respect to the right of the applicant on the other." With- in the legal or fixed sit of time, the applicant is free to express his opinion of the case, and the person or persons interested may apply to b present, If the applicant is stili dissatisfied with the decision in the second hearing the way is open to him to appeal to the Ministry of Agriculture and Commerce, and in the event of not securing satisfaction there from he may then bring an action before the Administrative Cours in conformity with the rules of law. Thus a single ens may undergo averal hearings, and the person concerned may have ample op portunities to have their wrongs rediens
d. In view of this adequate protection for the right of the owner of a trade mark, by the owner a foreigner or Chinese, it is difficult to understand why the for eign merchants should have to invoke LET US HELP YOU— diplomatie assistance.
The second point in the letter which calls for explanation is the allegation that no provision is made for appeal to any court of justice and that the question whe ther' certain trade mark is to be regis. tered or not as "to be decided not by judicial judges but by bureaucrats and that the machinery which China provides for trade mark protection is in this res pect greatly inferior to the protection which trade mark owners enjoy in Europe America and Japan. A perusal of the provisions of the Chinese Trade Mark
the fact that the
Dont ask for a Disinfectant,nderlying it are bavd upon those
Demand
LOTOL
it is
ECONOMICAL and EFFECTIVE
SPRAY FREELY.“
STORE
Armour's "Veribest"
Frankfurter Sausage 31.00 per tin.
Do.
$1100 per dor. Vienon Style-Eausage $0.55 per tin.
$6.00 per dos.
JUST ARRIVED
Do.
VIOLINS AND MANDOLINS
37
MODERN FAMOUS MASTERS
KOWLOON MUSIC STORE
KOWLOON HOTEL BUILDING.
KOWLOON
WE HAVE NOW REMOVED TO OUR NEW PREMISES,
SITUATED IN THE
NEW ASIATIC BUILDING, QUEEN'S ROAD CENTRAL.
345.
THE PHARMACY,
(FLETCHER & CO., LTD)
26, QUEEN'S ROAD CENTRAL,
TEL. 345.
of the calle Anglo-Saxon and Con tinental systems. The provisions and re- gulations are quite precise and compre hensive. With regard to the question whe ther the final decision in a trade mark ease should come from the administrative court or from the judicial court legal opinion even in the West is divided. Art. 12, Clause 3, of the British Trade Mark Law provides that if the applicant is dis satisfied with the decision of the Trade Mark Office, the option is open to him either to appeal to the Board of Trade or to the judicial court, Thus England has also adopted the system of adjudient- 11x à trade mark tas in an administra tive Court.
According to the Commerien Treaties other enneled between Chion and uations, the Chinese "Government under- takes to protect foreign trade marks in China. It is for the purpose of fultiffing this obligation that the Trade Mark Law was promulgated last year, in konformity with which foreign merchants are required to apply for registration and protection of their trade marks. The protection of trade mark presupposes its application and use. It stands to reason that if it is applied and used in a country it muse be registered in that country. Even in Tareign countries where agreements have been made on this matter, mutual protec tion is accorded only to those trade marks which have been duly registered at th Trade Mark Offices of the countries party to the agreements. If the owner of a trade mark fails to make application for it registration, the hareau concerned would have no knowledge or record of hig the trade mark. It is tantamount to abandoning of his own right to that pro tection. For this reason the Chinese Trade Mark Law provides a six-month himit (from the date of the promulgation of this new law) within which trade marks are to be registered that the persons. interested may find proper.means to estab lish his right. In the Reply of the Chinese Government to the Note of the Diplomatic Corps relative to the enforce ment of the Chinese Trad Mark Law mention was also made of Chira's under taking to issue at regular periods of time trade mark records in English. It is now learned that in future these records are i to be issued simultaneously.with the Trude Mark aseite in Chinese,
น
The objections raised in Sections (4), (5), (6) and (7) in the letter of protest ng above referred to should be dispelled by the explanations thus far given. With regard to the provisions of Article 43 of the Chinese Trade Mark Law, there is not much discrepancy between the official translation of the British and American Legations and that made by the Chinese. Of course, the Chinese text should always. be considered as Enal According to this text of the law, it is evident that it a foreigner is a defendant or a plaintiff Arising from the provisions of Article 39 to Article 42 inclusive, the case ball be dealt with in accordance with treaty stipulations. With regard to civil cases. of damage they will be taken up in the nsual way by the judicial court..
BLUE BIRD
CAFE
CHINA BUILDING.
To See Better
And Feel Better
So You can do Befter.
CHINESE OPTICAL CO.,
Eye-sight Specialist, 67, QUEEN'S ROAD C., HONGKONG.
OVERNALFACENTURY RIPUTATION
DRESVERANIDNEYB25 IPVALUARL2 for DixmIDEN DÍ PRE ÍMPORTAMINA DESANY GRAY EL BACKACAK,GOUT MUKUMA TIRKS
DR. LECLERC SKILLS FOR THE
IR LEGERE SO APIRIENTU
Price
FOR
BRLECLERC'S AMIA. Dros 31
SAXN AND RELIANEK FOR LADER ALLMENTS. DR LE CLERC'S SOAP. 16. or & Tabir to the
M. Y. SAN & CO., LTD.
PRESERVED ENDISE SELECTED FIST YOUNG STEM SINGER
THIS SEDE UP WITH CARE
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MADE IN HONGKONG!
MANUFACTURERS
STEM
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HEAD OFFICE: Nos. 0 to 100 Queen's Road Central
FACTORY: Canton Road, Kowloon.
M.Y.SAN CRI
BRANCHES AT: Manil Singapore, Shangbai, Canton, China,
CAMMELL LAIRD & Co., LTD. Controlling THE LEEDS FORGE CO., NEWLAY WHEEL CO., EXC. Birkenhead, Sheffield, Nottingham. Birmingham,
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HOP SING & CO.,
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of Machines
22, Pattinger Street. Tel. C. 3212
BRANCH OFFICE:
132, Tak Hing Kai, CANTON,
ALLIES,
All Discriminating
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and the
HONGKONG CIGAR STORE LTD.
[83
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SANITARY ENGINEERS.
MONUMENTALISTS. &o.
GODOWNS.
OFFICES & )98A, Wanchai Road,
HONGKONG.
Taz. No. 169.
ALL KINDS OF BUILDERS' REQUISITES IN STOCK.
Soil, Vent and Rain Water Pipes Floor Bath Baths, Basins. and Wall Tiles. Fittings Waterbeaters for Gas," Oil or Coal Fuel, Alio A Few Chip Heaters
OPEN AND CLOSED GRATES, Cookie
RANGES.
ESTINATES PREE FOR ALL SANITARY
INSTALLATIONS, Hor Wirta SYSTEMS, &c.
"GENERAL REPAIRS PROMPTLY ATTENDED TO.
Specialists in Monumental Work-Cut in Italian Marble or Hongkong Granite. JUST BRORIVED : A SHIPMENT op Italian
MAEDLE FLOOR TILES.
Prices on Applicatics.
ARTIFICIAL WREATHS FROM 8" to 18" DIAMETER IN STOCK.
ON SALE.
(2458
DOUNU VOLUMES of the HONGKONG
BUNNY THESS, Janney me.
1923.
With INDEX.
Price-$7.50.
On sale at the Hongkong Daily Press Office."
HOW TO GET GOOD SERVICE FROM
MICHELIN TYRES.
Keep tyres pumped up to correct pressure for the load they have to carry.
tell you what this should be,"
We can
When tyres are under inflated there is continual internal friction between the foundation cord and the rubber, causing overheating of the tyre and consequent rapid deterioration.
Water can
also enter causing rust, resulting eventually in the rims having sharp.. edges which cut the walls of the tyre near the bead.
Most cars in Hongkong run on under inflated tyres with the above disastrous results.
Have your wheels examined front and rear for trueness and tracking alignment. II they are at fault in this respect the tread of the cover is subject to a grinding action which quickly destroys the cover.
Keep tyres free from oil and grease.
Start and stop gently and take corners slowly.
Lastly bay MICHELIN tyres from us and follow the above advice and
tyre satisfaction is assured.
Europe Hoia Trading C
Telephone 3438.
China Building, 1st Floor.