457
(Translation.)
Your Excellency,
2
Inclosure 1 in No. 1.
Prince Ch'ing to Sir E. Satow.
Peking, January 10, 1905. ON the 29th December, 1904, I received from his Excellency the United States' Minister, Mr. Conger, a note, stating, with reference to the Chinese Government's agreeing to postpone the operation of the Trade-mark Regulations, that if any American merchants had already filed applications for registration in accordance with the Regulations, these applications could not be invalidated by the present postpone ment; and further, that until receipt of a note from the Board formally intimating the postponement of registration, the previous Regulations would be regarded as still in force.
On the 31st December I received a note from Mr. Matsui, Japanese Chargé d'Affaires, stating that there were very great difficulties in the way of assenting to a postponement of the operation of the Trade-mark Regulations, but that, in consideration of the dilemma in which the Chinese Ministers were placed, there might be some alterations introduced into the Regulations in question. This, though not an assent to When postponement, was, in effect, identical with a postponement for nine months. proposals had been submitted from other quarters, embodying the desired alteratious, they could be considered in consultation, and, if they were found practicable, assent could be given to the alteration. But no further concessions could be made,
The Board have already sent replies to the above notes, and have now the honour to transmit, for your Excelleney's information, copies of the correspondence, and to request your Excellency to acquaint the Board as soon as possible with the alterations suggested by His Majesty's Government, in order that a common agreement may be
come to.
They request the favour of a reply.
I avail, &c.
3
will be glad to make any necessary changes and corrections to remove ambiguity, supply omissions,' &c., practically agrees with the request of your Excellencies that the enforcement of the Regulations be postponed, and therefore no trade-marks for whose registration application is made, shall be registered before a consultation shall have been held and a mutual agreement reached."
This statement practically agrees with the published notification of the British Consul at Tien-tsin, yet I was assured by their Excellencies Na-tung and Lien-fang that no official notification would be given until a reply to your Highness' note should be received from the five Ministers with whom the correspondence had been held, and that I would receive an official despatch informing me of any decision to suspend the operation of the Trade-mark Regulations just as soon as such decision should be reached, so that I might be able to notify my nationals.
I have the honour, therefore, to request that your Imperial Highness will at once inform me what decision, if any, has been taken in the matter, and it becomes my duty to state clearly to your Imperial Highness that any rights which American citizens may have acquired under the Trade-mark Regulations by reason of applications made for registration thereunder, cannot be forfeited now by any announcement that registration is to be postponed; and, moreover, that until official notification shall be received of their suspension, my Government must hold that the Trade-mark Regulations are still in force.
I avail, &c. (Signed)
E. HI. CONGER,
United States' Minister.
Your Imperial Highness,
Inclosure 2 in No. 1.
Mr. Conger to Prince Ching,
American Legation, Peking, December 29, 1904 1 HAVE the honour to call the attention of your Imperial Highness to the fact an official notification, given that an English newspaper of Tien-tsin yesterday published by the British Consul at Tien-tsin to the Chairman of the Tien-tsin Chamber of Commerce, saying:-
"I have been directed by His Majesty's Minister to inform you that, in consequence of representations made by the Ministers of Germany, Austria-Hungary, France, Great Britain, and Italy, the Chinese Government have undertaken to discuss the amendments to the Trade-mark Regulations which may be proposed by the Powers, and not to proceed to the registration of any trade-marks until a complete agreement has been arrived at with the Powers in regard to the provisions of the Trade-mark Regulations."
I have the honour to remind your Imperial Highness that the Government of the United States is deeply interested in the matter of these Trade-mark Regulations, and that no formal notification has been received at this Legation of any intention to post- pone thus indefinitely the registration of trade-marks, for the registration of which application has already been made.
A few days ago their Excellencies Na-tung and Lieu-fang called at this Legation and left with me a copy of the correspondence between your Highness' Board and the five Ministers above-mentioned, with regard to this matter of suspending the registration of trade-marks. I note that, in the last despatch from your Highness to the five Ministers, your Highness says:-
"In my despatch of the 12th December, the statement that since the various foreign Governments do not consider the Regulations drawn up by China to be entirely satisfactory, China having a sincere desire to preserve cordial relations with the Powers,
(Translation.)
Inclosure 3 in No. 1.
Prince Ching to Mr. Conger.
Peking, January 4, 1905. ON the 24th of the 11th moon, 30th year of Kuang Hsü (30th December, 1904), I had the honour to receive a despatch from your Excellency, saying that the American Government is deeply interested in the matter of the Trade-mark Regulations; that up to the time of writing you bad not received any notice from me of any desire to postpone the registration of trade-marks, for the registration of which application had already been received; that a few days previous their Excellencies Na-tung and Lien-fang had called at your Legation and given you a copy of the correspondence between my Board and the Ministers of the five countries-Germany, France, Austria, Italy, and Great Britain-concerning the postponement of the registration of trade-marks for your Excellency's inspection, and had said that we would have to await replies from the five Ministers before notice of the postponement could be issued, and that they would then at once take the Regulations agreed upon as to postponing and forward them for information, that you might be able to inform American merchants, and that therefore you had to request me at once to inform you whether or not any agreement had been reached, and if so, what course of action would be taken; that it was your duty plainly to inform me that if any American merchants had applied for the registration of trade- marks according to the Regulations they could not be deprived of any rights thus acquired by reason of the notification now issued that registration was to be postponed ; and that, until such official notification of amendment and postponement of the Regula- tions should be received, your Government would have to regard the Regulations formerly issued as still in force.
your
As to the present consultation regarding the amendment of the Trade-mark Regula- tions and the postponement in the meantime of the time for registration, I have to say that until the agreement shall be reached all applications for the registration of trade- marks shall be filed for the present with the Chief Registration Office, and shall be registered only after an agreement with the various Powers shall have been reached, and no such application shall on this account be made void. No reply has yet been received from the five Ministers of Germany, France, Austria, Italy, and Great Britain. As soon as such replies shall be received, and a method of procedure thus agreed upon, I shall at once notify you.
[1892 (-2]
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