山
Inclosure 4 in No. 1.
Mr. Matsui to the Wai-wu Pu.
Peking, December 31, 1904. Your lighuess,
WITH reference to the amendment of the Chinese Trade-marks Regulations, I recently sent Mr. Tei to your Highness' Board to inquire precisely how matters then stood.
His Excellency Na-tung showed Mr. Tei the notes of their Excellencies the Austro-Hungarian, German, British, French, and Italian Ministers to the Board, together with copy of the Board's reply, and also gave him friendly explanations. Having learned all this, I communicated it by telegraph to my Government, and have now received instructions to the following effect :--
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The Imperial Government have already publicly notified throughout the country the date for bringing into force of the Chinese Trade-marks Regulations, for the informa. tion of Japanese subjects, and caused them to get ready to present applications. A considerable number of applications for registration have already been presented, and it is therefore extremely difficult to agree to a postponement of the date for bringing the Regulations into force. In view, however, of the difficult position in which the Chinese Ministers find themselves, some alterations in accordance with the annexed Memorandum might be introduced into the Regulations. This, without being an assent to postponing the enforcement of the Regulations would have the effect of the postponement for nine months. When proposals have been submitted from other quarters embodying altera- tions which may be desired, they can be considered, and if found to be unobjectionable, they can be agreed to and adopted. The Imperial Government desire to bring about a settlement of this question, and are willing to make the concession above mentioned, but further than this they cannot go. You should accordingly inform the Chinese Govern- ment that in this question of postponement the Imperial Government cannot make any further concession than this."
I have, therefore, the honour to bring these views of my Government to the know- edge of your Highness and Excellencies.
your
I avail, &c.
5
Inclosure 6 in No. 1.
The Wai-wu Pu to Mr. Matsui.
458
Sir,
Peking, January 10, 1905. IN reply to your note of the 31st December, 1904, on the subject of the Trade- marks Regulations, we have the honour to state that we are now engaged in consulting with the various foreign-Representatives regarding these Regulations, and any modifica- tions to be introduced must of course be mutually considered. When such points are found to be unobjectionable by all concerned they can then be definitely adopted. Our chief desire is to arrive at a speedy and satisfactory settlement of the question, in the interests of commerce.
We are communicating copy of your note to all the foreign Representatives in Peking, and when we receive their replies, we shall not fail to communicate further with you on this subject.
We avail, &e.
Inclosure 5 in No. 1.
Memorandum of Amendments to the Trade-Marks Regulations.
THE following three additions to be made to Rule 25 :--
1. Trade-marks which have been publicly used in China prior to the commencement of its functions by the Registration Office, and which have not been deposited in accordance with the foregoing paragraph, may be registered on application being made according to the provisions of the Regulations within nine months from the time when the Registration Office begins its functions, and such application shall be considered valid.
2. Applications for registration shall be considered valid in respect to any trade- marks which, prior to the commencement of its functions by the Registration Office, may have been protected by Proclamation of the Chinese local authorities, if such applica tion be made in accordance with the provisions of these Regulations within a period of nine months from the time when the Registration Office begins its functions.
3. Applications for registration of trade-marks recognized by this Rule as valid shall not be affected by any other rules, but may be registered nine months after the bringing into force of these Regulations.
Rule 26.-Six months to be altered to nine months.
Rule 27-To be amended as follows:-
During nine months from the date of bringing into operation of these Regula- tions, the term of six months mentioned in Rule 5 shall also be extended to nine months."
Rule 28.--Omit.
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