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11
In the case of trade-marks already registered abroad in respect of which regis- tration in China is applied for, the period of exclusive rights in China shall follow the period of registration in the foreign country.
10. If, at the expiry of the period of exclusive rights in a trade-mark, it is desired to continue such use, application for renewal may he made within six months previous to the date of expiry.
11. If the rights of ownership of a registered trade-mark are assigned either in whole or in part to another person or firm, the transfer of such rights must be registered.
12. The Registration Office may cancel the registration of any trade-mark made in violation of sections (a), (b), or (d) of Article 8.
13. An application for the cancelling of any registration which may have been effected in respect to an open mark, or for the cancelling of any registration made in contravention of Article 6 and of section 3 of Article 8, may be made by the party or parties interested. Application for cancelling a registration may also be made by the party or parties interested if the trade in the goods to which the mark in question belonged has been abandoned for a period of two years by the proprietor of the
mark.
14. Whenever the Registration Office contemplates refusing registration of a mark, cancellation of a mark already registered, or the rejection of an application for registration, it shall, before deciding, notify in writing the parties interested, and give them an opportunity of being heard.
15. Any objection against a decision of the Registration Office given in conformity with the provisions of Article 14 must be brought forward within six months from the date of such decision being given.
Any person aggrieved by the deposit of a mark in the "Special List" provided for in Article 1 may apply for its removal therefrom.
The Registration Office may remove from the special list any mark, when the line of business in which such mark was used has been abandoned by the owner.
Before removing any mark from the special list or the register, the Registration Office shall give due notice to the owner, who shall be entitled to be heard.
Any proprietor of a mark may withdraw it from the special list or apply for the cancellation of his registered mark.
If the Registration Office refuses to register a trade-mark, or cancels the regis- tration of a mark, or rejects an application for registration, any person aggrieved thereby may bring the case before a Court composed of one or more members of the Board of Commerce, and where foreigners are concerned, of the Consul or Consuls of such foreigners or the Consuls' delegates.
16. If the applicant or the proprietor of a trade-mark does not reside in China, or resides at a distance from the Registration Office, he must appoint an agent to act for him, and notify the fact that such person is his representative.
17. Any person wishing to have copies of entries in the register or to examine the records, may apply to do so at the Registration Office. Those residing at a distance may apply through their agents.
18. The Registration Office will publish a "Trade-marks Gazette," in which will be included, for general information, all notices respecting the registration of trade- marks or their cancellation.
19. Any proprietor of a trade-mark may, if his exclusive rights have been infringed, institute legal proceedings and recover damages on obtaining a judgment in his favour.
20. Suits instituted against persons infringing rights in a trade-mark will be brought in the following manner :---
(a.) If the defendant is a foreigner and the plaintiff a Chinese, the Registration Office will address the Consul concerned with a view to having the case tried according to Treaty.
(b.) If the defendant is a Chinese and the plaintiff a foreigner, the Registration Office will address the Consul concerned and the Chinese authorities, with a view to having the case tried by a Mixed Court.
(c) If both plaintiff and defendant are foreigners, or both Chinese, the competent Courts will furnish the protection necessary in the case of any infraction of these Regulations.
21. The penalties to be imposed for the offences enumerated in the present Article shall be those prescribed by the law of the defendant's nationality, it being understood
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that such penalties can only be imposed when a suit has been brought by the party aggrieved. In cases where the defendant is Chinese, and in view of the fact that hitherto no penalties have been prescribed by Chinese Law for such offences, they shall be punishable by imprisonment not exceeding one year, and by a fine not exceeding
300 taels.
In the cases below mentioned the trade-marks already fabricated, together with the apparatus used in their fabrication, shall be confiscated, and the goods, wrappings, or advertisements from which such trade-inarks cannot be separated, shall be destroyed
(a.) Imitation of a trade-mark already registered by another party with intent to use it on a similar class of goods, or the sale of such marks;
(b.) Imitation of a trade-mark and use thereof on a similar class of goods, or the sale of such goods knowingly, or the storage of such goods for the purposes of sale;
(e.) Use of an imitation of a trade-mark as a "chop" or advertisement either in the public press or in any other manner;
(d) Use, knowingly, on the same class of goods of another person's manner of packing, such as cases, boxes, bottles, jars, wrappings, &c., in respect to which a trade-mark has been registered, or knowingly to offer such goods for sale;
(e.) Importation of goods with knowledge that they infringe the registered trade- mark rights of another party;
(f) Imitation or reproduction of a deposited mark of such a nature as to deceive
the consumer.
22. Provided that proceedings can under no circumstances be instituted against any person who can show that either he himself or his business predecessors were the first to have lawfully used in any country a trade-mark the lawful use of which he continues, prior to the registration of that mark in China now set up against him. 23. The following is the scale of fees payable to the Registration Office :-
registration and issue of a certificate
3. a transfer of rights in a mark, in such cases where the regis-
tration of such transfer is necessary (Article 11)..
renewal of registration
Amount,
Hakuan Taels.
5.00 10.00
1. For each application
2.
13
15
6·00
10.00
4.
+1
5.
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every copy of a document
3 • })
6.
**
7.
inspecting the register, every hour or part thereof.. renewal of lost certificate
If above 100 characters, for every additional 100 characters
0.50
1.00
5.00
}
8.
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reporting any infringement of the Regulations (Articles 20
and 21)
5'00
9.
lodging an application of protest against a decision of the
Registration Office..
10.00
10.
application for cancellation of registry-
(a.) Made by the proprietor of the mark
5.00
(b.) Made by another party
10.00
transfer of certificate to heirs
5.00
11.
The fees enumerated under 8, 9, and 10 (5) to be paid by the party
found to have been at fault.
If application be made for the recording of a mark in which prior rights exist (Article 26), the fee for application shall be payable only in cases where registration is refused.
If several such marks he entered for the same owner he shall pay an initial
fee of 10 Iaikuan taels, and 5 Haikuan taels for every additional mark.
In the case of an application being made for recording, or registering, or renewal of registration, in respect of a mark covering more than one class of goods, 1 Haikuan tael shall be paid for every additional class of goods on application, and ō Haikuau taels on registration or renewal.
24. These Regulations shall come into force one year after the date of their publication in the "Peking Gazette.”
25. All applications for registration made through the proper Chinese authorities before the coming into force of these Regulations shall be considered as having been made on the day of the coming into force of these Regulations.
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