Number of Paragraph.
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Numbers of Para- graphs in the Provisional Regula- tions of August 1904, that agree
more or less with the new numbering heroin,
Number of Paragraph.
No person shall be entitled to the exclusive use of any trade-mark which has not been lawfully used prior to the date when these regulations come into force 1st January, 1908, unless he has it registered in conformity with these Regula- tions.
In order to be registered, a trade-mark must be distinctive, i.e., it must in the devices composing it, in the letterpress thereon, or in general arrangement, possess a distinctive character of its own. Words shall not be registered in respect of cotton yarn, sewing cotton, or cotton piece-goods.
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The Board of Commerce will establish an office, which shall have sole control of matters connected with regis- tration.
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The custom-house at Shanghae and Tien-tsin will be crcated branch offices of registry, where application for registration may be made, as most convenient to those concerned.
All who desire to register trade-marks must send in their applications to the head office or to either of the branch offices.
With every application to register there must be left a Memorandum which must state the kind of goods it is intended to cover, and the classes or particular goods in respect of which it is desired to register the mark, and, together with the Memorandum, there must be three exact copies of the mark which it is desired to register. In the event of an application being made to a brauch office, two sets of the documents mentioned in this rule must be left. If there is any doubt as to the class to which belong any goods in respect of which registration is asked belong, that doubt shall be settled by the Registrar. The Registrar shall decline to proceed until the exact goods or classes of goods are specified on which the mark is to be used.
The Registrar may at any time call for a translation of any words appearing upon a mark, or for an explanation of the objects or scene represented in any pictorial mark.
If there are any Chinese or Japanese words on any mark, they shall be translated into English or French, and such translation shall appear in the advertisement of the mark.
In the case of trade-marks registered abroad, if appli- cation for registration is made in China within a period of four months from the date of such registration, the date of such registration may be accepted as the date from which registration in China shall run, if the applicant shall supply to the Registrar a certificate of such registration abroad. But in no other case shall it be necessary to prove regis- tration abroad.
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Trade-marks which infringe the following conditions cannot be registered
(a.) Marks likely to injure young or old, offending against
morality, or harbouring an intent to deceive. (b.) Marks embodying symbols or phraseology reserved for Government use, e.g., Imperial or official seals, the national standard or military flags, or devices appro- priated for the reward of merit (such as the insignia of an Order). (c.) Marks resembling marks in the said collection which have been used on the same goods or description of goods.
(d) Marks resembling any marks already registered for
the same goods or description of goods. (e.) Marks which do not possess a distinctive character of their own, having regard to the usages of the trade in the goods for which they are to be registered.
Applications in respect of marks which resemble each other which are to be used in respect of the same goods or description of goods, shall be dealt with in the order of their application, and if none of the applicants has lawfully used his mark the first applicant shall be entitled to registration. If such marks have been used, the applicant who has first lawfully used the same shall be entitled to registration. But the registration of a mark under this Regulation shall not prevent any person from continuing to do that which he was lawfully doing before the date of such registration. If applica- tion is made on the same day in respect of similar goods for similar marks, and none of the applicants can prove lawful user, then all the applications shall be refused unless the parties can agree amongst themselves that one shall be registered.
When an application is made to register a mark identical with or similar to a mark which has been refused at a prior date, the Registrar shall not proceed with the application without the consent of the earlier applicant, unless there are special circumstances warranting such a course, or unless the earlier applicant cannot be found.
The Registrar before refusing to register any mark must give the applicant or his agent reasonable opportunity of being heard.
Numbers of Para- graphs in the Provisional Reguis- tions of August 1904, that agree more or less with
the new numbering herein.
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The Registrar must state in writing any reasons he may have for refusing to register a trade-mark.
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Applicants for registration, or owners of trade-marks not resident in China, or residing at a distance from the Registration Office, must appoint some trustworthy agent to act for them.
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