740
12
Mr. W. J. Tyack.-I am sorry to be late with it, but I should like to ask one question: What protection do I get by registering my trade-mark under these new Regulations from the Chinese that I have not got already? That's all. (Laughter.)
The Chairman.-It is proposed by myself and seconded by Mr. Kinnear:--- That the following form the Sub-Committee: Messrs. C. Brodersen, J. N. Jameson, J. L. Scott, Sir Charles Dudgeon, M. Slevogt, and J. Stern.
The proposition was carried.
Mr. Tyack.-Will the Chairman kindly give me an answer to my question?
The Chairman.-I am not in a position to give one, as I don't quite understand the question.
Mr. Tyack.-I don't see why these names should have been passed so quickly; mine is quite an ordinary question.
The Chairman (after consulting with members of the Committee and Mr. Jamieson).---- The answer to your question is the interpretation that will eventually be put on Regulation 8 clause (c).
Mr. Tyack.-Is that your answer?
The Chairman.-Yes,
Mr. Tyack.-If you can explain that, you are pretty smart. (Laughter and "Order.")
The Chairman.—I don't intend to try. (Laughter.)
Mr. Tyack.-I want to know something about our position; I want to know, if I have already registered my mark in Manchester, or London, or Germany, or anywhere else, what extra protection I get by registering in China which I have not got now. That is a very clear question, easily to be answered by the people up there (at the Committee's table). I have a perfect right to an answer.
The Chairman.--I can't quite hear you.
Mr. Tyack.-I am registered in England, in Germany, anywhere; I am protected by that registration; what superior protection do I get by registering in China? Do you understand that? (Order, order.)
The Chairman.--I will ask Mr. Jamieson to reply.
Mr. Jamieson.-If Mr. Tyack will read the letters which are printed in large print, he will find that under Regulation 8 certain marks therein enumerated cannot be registered, and those marks are those which derive protection from priority of use in China prior, that is to say, to the date of the signing of the British Treaty. If an article in use before that date, with a trade-mark, you are absolutely protected; if you imported an article subsequent to that date, you must register it in China to get protection. In addition, you will now have rights against any Chinese who infringe your mark that you did not have before.
Mr. Tyack.-I have, let me presume, marks registered in Manchester or London. If I found my mark being infringed, I should proceed against the exporter. What will these Regulations do further in regard to that right?
Mr. Jamieson.--That is not the question. The Chinese Government can only legislate for Chinese subjects.
The Chairman.-I have nothing more to put before the meeting, and thank you for your attendance.
The meeting then closed.
4. Metals and manufactured metals: Sheet iron, wrought iron, steel, iron bars, iron plates, wire, copper, copper plates, copper wire, lead, pig lead, tin, amalgam. Manufactured metal articles: Cast- and wrought-iron articles.
5. Implements, tools, cutlery: Scythes, saws, chisels, bradawls, and other masons' and carpenters' tools, nails, &c.
6. Precious metals, precious stones, and articles made therefrom, together with imitations thereof, viz.: Gold, silver, platinum, red copper, diamonds, coral, agate, crystal.
7. Building, architectural, and mineralogical materials: Cement, plaster, &c.
8. Pottery, porcelain, earthenware, tiles, glazed tiles.
9. Enamels, cloisonne.
10. Glass, glassware, glass tubes, globes.
11. Mechanical appliances, machinery, &c., steam-engines, boilers, water-power machinery, weaving, cotton-spinning, and printing machinery.
12. Agricultural implements: Ploughs, hoes, spades, sieves, &c.
13. Appliances used in the study of chemistry, medicine, surveying, together with weights and measures, optical and mathematical instruments.
14. Musical instruments.
15. Time-pieces and their component parts.
16. Ships and vehicles: Vehicles propelled by man (rickshaws), bicycles, ships, boats, railway-cars, wheels, &c.
17. Guns, cannons, projectiles, explosives.
18. Tobacco.
19. Tea, coffee.
20. Milk and manufactured products thereof; Fresh milk, tinned milk, cream, &c.
21. Seeds and grains (including meal or flour), seeds of vegetables, fungi, bamboo shoots, garden seeds, &c.
22. Edibles and culinary accessories: Tinned meats, preserved eggs, cakes, fruits, bread, mustard, pepper.
23. Silk moth eggs, wild silk moth eggs, cocoons.
24. Cottons, hemp, feathers, hair, and bone articles.
25. Raw silk, pongee, wild silk.
26. Cotton thread.
27. Woollen thread.
28. Linen thread and other threads not enumerated in Articles 25-27.
29. Gauzes.
30. Cottons.
31. Woollens.
32. Linens.
33. All woven fabrics not included in Articles 29-32, and articles manufactured therefrom.
34. Silk braid, fringe, &c.
35. Wearing apparel, hats, gloves, hosiery, clothes.
36. Fermented products, liquors, &c., sauces, vinegar, grape wines, grain spirits.
37. Sugar.
38. Stationery, paper and articles manufactured therefrom, pens, ink, inkstands, sealing-wax, slate pencils, lead pencils, paper, oiled paper, account books, &c.
39. Skins, leather and articles manufactured therefrom, including leather bags, boxes, &c., saddlery, straps, boots.
40. Combustibles and illuminants: Coal, charcoal, coke, wood logs, candles, &c.
41. Photographs and prints: Books, newspapers, and pictures.
42. Toys, playthings, leather balls, dice, images, games.
43. Shell, horn, ivory, or bone articles, and imitations thereof.
44. Straw and articles manufactured therefrom, wheat stalks, matting, cord, straw braid.
45. Umbrellas, walking sticks, slippers, fans.
46. Lamps and their accessories: oil-lamps, candlesticks, lanterns.
47. Brushes, artificial hair.
48. Wood, bamboo, and rattan, articles manufactured therefrom, chairs, tables, buckets, &c.
49. Rubber articles.
50. Matches.
51. Oil, wax.
52. Fertilizers.
53. All articles not included in the above classes.
Translator's note.-The Chinese terms are in some places obscure, and require verification with a Chinese technical expert.
Inclosure 3 in No. 1.
Registration of Trade-marks.
CLASSIFICATIONS.
1. Chemicals, medical compounds, medical ingredients, stimulants, and tonics: Acids, salts, alkalis, glue, phosphorus, soap, spirits of wine, table salt, lime, sulphur, mineral waters, all sorts of medical ingredients, medicines ready for sale, pills, powders, ointments, tabloids, bandages, lint, cotton wool, sponges, &c., used for medical or surgical purposes.
2. Dyeing, colouring, and polishing materials: Blue, indigo, red dye, green dye, foreign indigo, red varnish or lacquer, imitation lacquer, varnish, blacking, &c.
3. Perfumes, cosmetics, dentifrices, preparations for the hair and complexion, scents, brilliantines, pomatums, incense, rouge, tooth-powders, face-powders.