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25. As, according to Treaty, reciprocal protection is guaranteed, the Registration Office undertakes to recognize 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 registration 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 5. The above Regulations are provisional and are subject to revision when the Code governing trade-marks shall have been compiled.
Detailed Rules attached to the Provisional Regulations for the Registration of Trade-marks.
I. 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.
Applications must be in the Chinese language, 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 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.
6. In any correspondence regarding registered trade-marks the registered number of the mark must always be cited.
7. In cases where first application has been made to a branch office the latter must forward to the head office all subsequent correspondence, the printing blocks, and fees.
8. Branch offices must keep a record of all their transactions connected with trade-marks.
9. Applications in respect of trade-marks registered abroad must be accompanied by a certified copy of the entry in the foreign register.
10. On application for the renewal of registration, the original certificate must be produced. If extension has been granted abroad, documentary proof of this having been done must be handed in.
11. Should any forms have been improperly made out the head office shall fix a time within which they must be corrected and sent in again.
12. Failure to do so in the given time in accordance with the Provisional Regulations, due consideration being had for distance and other contingencies, will involve the rejection of the application.
13. If an application is in order, registration will at once ensue and the applicant be duly informed.
On receipt of such notice the applicant will within a given time, fixed by the Registrar, pay his fees, return the notice, and hand in a block of his trade-mark either to the head or branch office.
14. When this shall have been done, the head or branch office will affix to the notice a stamp intimating that all formalities have been complied with and return it to the applicant. Any action of this kind taken by a branch office must at once be reported to the head office.
All blocks must be forwarded monthly to the head office, so that the marks may be printed in the "Gazette." Similarly all fees must be remitted at the end of every month.
15. When the applicant shall have complied with the terms of paragraph 2 of Rule 13, the Registrar will register his mark and issue to him a stamped certificate.
16. The block, which may be either of wood or metal, must not exceed 4 inches in length and 3 inches in breadth and 0.75 inch in thickness.
17. All objections lodged in terms of Provisional Regulation 33 must be in duplicate. The grounds of objection must be clearly stated, and any material evidence available must be adduced.
18. In the case of any objection being raised the Registrar will retain the original plaint, send the copy to the defendant, and fix a time for the latter to defend his case. The decision will be given after a hearing of both parties.
19. If the Registrar has to cancel registration of a trade-mark, if the owner does not desire any longer to use a mark or ceases to do business the certificate must at once be returned.
20. On the death of an owner, should his next of kin wish to retain his rights of ownership, they must send adequate proof of their rights of succession to the Registrar, and apply for a fresh certificate.
21. In the event of a transfer of rights or of admitting a partner in the rights of ownership, as provided for in the Provisional Regulation 11, a joint application, signed by both parties, must be sent in, accompanied by the original certificate of registration and a copy of the Agreement (between the parties). In the case of trade-marks, registered abroad, the application must be accompanied by a certified copy of the extract from the foreign register.
An entry will be made in the register and an indorsement on the back of the certificate.
22. Changes of residence on the part of the owner of a trade-mark or of his representative must be in all cases promptly reported.
23. All applicants must specify to which of the hereinafter-mentioned classes or sub-classes their goods belong.
If they are unable to do so the Registrar will determine the point.
(No. 9.)
Sir,
Inclosure 2 in No. 1.
Mr. Jamieson to Sir E. Satow.
Shanghae, July 5, 1904. I HAVE the honour to acknowledge the receipt of your despatch, dated the 20th June, calling on me for comments and suggestions with regard to the provisional Regulations for the registration of trade-marks drawn up by the Board of Commerce, therein inclosed.
1 have accordingly the honour to report that I at once translated the Regulations in question into English and circulated them amongst the representatives of the leading British importing firms, inviting the latter at the same time to meet at my office and discuss them together.
This meeting took place yesterday and was fully attended. The impression left on my mind was that the British merchant, failing to get Regulations of his own, cares little what Regulations are drawn up, as in no case does he consider that all his requirements can be met. He does not intend to register all his "chops" (some firms have between 360 and 400 in use), and he foresees trouble with his competitors not of Chinese nationality. As I pointed out, however, China cannot legislate for the nationals of countries other than her own, and I called attention to the spirit in which you wished the Regulations criticized. I also laid stress on the fact that their elasticity was not without its advantages, seeing that they would have to be interpreted by Chinese Courts.
The discussion was thus confined to a consideration of the Regulations as they stand, and the following were the suggestions and amendments put forward :--
(1.) Regulation 1. Registration at the option of the user of a trade-mark would be preferred to the compulsory registration called for under this Regulation.
(2.) Regulation 2. As the British Treaty stipulates that registration shall be under the control of the Maritime Customs, it is expected that the Registrar-General of the Board of Commerce will have at his side qualified foreign advice.
(3.) Regulation 5. The time limit shall be extended to six months to allow of full reference home being made should occasion arise.
(4.) Regulation 10. Notice of the impending expiry of registration should be given by the Board of Commerce to holders of a mark, as is done in the United ...
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