Number of Paragraph.
6
22
23
(e.) To import goods, being well aware of the fact that
they infringe the trade-mark rights of others.
In the event of any offence such as described in Regulation 21 being discovered, all trade-marks or articles used for making the same shall be confiscated, and any goods or wrappers, packages, or "chops" which cannot be dissociated from the marks they bear shall be destroyed.
Any reason for Objection to the Registrar's ruling under these Regulations must be filed within six months from the date of such ruling. If this be done the decision will be subject to revision.
The expression person," when used in the foregoing Regulations, includes "firm, Company, and corporation.”
Numbers of Para- graphs in the Provisional Regula- tions of August 1904, that agree more or less with the new numbering herein.
7
quantities, and if he does not use a particular mark, which he only uses on high- quality goods, for some years, it does not tell at all so strongly against the registration of that mark, provided he goes on dealing in goods of the same description, as the fact that he has entirely gone out of business in the goods.
In my view, the fallacy which Sir E. Satow's colleagues have fallen into is the confounding the fact of abandonment with what is evidence of the fact.
RALPH GRIFFIN.
(Signed)
22
15
Inclosure 2 in No. 1.
Memorandum by the Registrar of Trade-marks.
THE Courts of this country constantly remove from the register, marks-
1. Which have never been used.
2. The use of which has been abandoned.
According to section 70 of our statute, a trade-mark
goes with goodwill,
and is determinable with goodwill. From this our Courts have deduced two propositions--
1. It was never intended that a man should register a mark which he did not intend to use. They have gone on to hold that evidence that a mark had not been used for some years from the date of registration, is good evidence that he did not intend to use when he registered, or that he had abandoned the intention after registration, and that therefore he ought to be treated as if he had never intended to
use.
2. The Courts have held that the non-use of a mark which has been used shows that the goodwill has determined.
The Courts of this country have always taken the view that a trade-mark was for use, and not to exist enshrined on the register as an object of mystic adoration, and this has always been the commercial view, and the one we should press upon the Chinese authorities.
The difference between Sir E. Satow and his colleagues in this: If John Smith is trading in soap and uses one trade-mark, then if he gives up 'trading in soap they admit that the trade-mark ought to be removed from the register, but if John Smith trades in soap
and registers fifty different marks for soap, but only uses one of them in his trade, they say the other forty-nine, however long they may be unused, should We do not still be kept upon the register for Mr. John Smith to traffic in if he can. take this view, We think that the case of each mark ought to be dealt with on its merits, but we admit that, in considering whether a trade-mark has been abandoned, the question whether the person registering it has a business of some importance in the goods for which it is registered is a circumstance to be considered. A man may have a mark for goods of a high quality, which he may be only able to sell in small
April 5, 1905.
อ
512
}