| Condition | Action |
|---|---|
| (a) If the defendant be a foreigner | the local authorities will move the Consul concerned to hold a joint investigation and trial; |
| (b) If the defendant be a Chinese | the Consul concerned will move the Chinese authorities concerned to hold a joint investigation and trial; |
| (c) If both the plaintiff and defendant are foreigners, or if both are Chinese | the Courts concerned, on an action for infringement of a trade-mark being brought before them, will deal with it in such a manner as to afford due protection. |
| Offence | Description |
|---|---|
| (a) | The intentional use on a similar class of goods of an imitation of a trade-mark registered by another person, or the offering of such mark for sale; |
| (b) | The imitation of a trade-mark and the use thereof on a similar class of goods, or the sale of such goods knowingly, or the storage of such goods for sale; |
| (c) | The use of an imitation of a trade-mark as a "chop," or its employment for purposes of advertisement; |
| (d) | Knowingly to use on the same class of goods another person's manner of packing (e.g., cases, boxes, bottles, jars, &c.) or wrappings or labels in respect to which a trade-mark has been registered, or knowingly to offer such goods for sale; |
| (e) | To import goods being well aware of the fact that they infringe the trade-mark rights of others. |
| Service | Amount (Haikuan Taels) |
|---|---|
| On every application to register a trade-mark | 30.00 |
| registration of a mark and issue of a stamped certificate | 20.00 |
| transfer of, or declaration of, partnership in a mark | 25.00 |
| renewal of registration | ... |
| If above 100 characters, for every additional 100 characters | 2.00 |
| For inspecting register, every half-hour | 0.50 |
| On reporting any case of fraudulent imitation | 1.00 |
| renewal of certificate, if lost | 10.00 |
| For every copy of a document connected with registered trade-marks | 5.00 |
| application for reconsideration of a ruling given | 5.00 |
| application to cancel registration | 30.00 |
| requesting transfer of ownership rights to next of kin in event of death | 5.00 |
The above Regulations are provisional, and are subject to revision when the Code governing trade-marks shall have been compiled.
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24
15. Any person objecting to the ruling of the Registration Office under Regulation 14 may, within six months from the date of such ruling, apply to the Registration Office, stating his objections, and ask for a revison.
16. All applicants for registration, or owners of trade-marks not residents in China or residing at a distance from the Registration Office, must appoint trustworthy agents to act for them.
17. Copies of entries on the register, or permission to inspect the register, may be applied for through the Registration Office or its branches. Those residing at a distance may apply through their agents.
18. The Registration Office will publish a "Trade-marks Gazette," with a list of registered trade-marks, and any other matters concerning the registration or cancellation of the same.
19 If the exclusive rights in a trade-mark are infringed, the owner of such mark institute legal proceedings aud recover damages on obtaining a judgment in
niay his favour.
20. Actions for the mfringement of trade-marks will be brought as follows:-
(.) If the defendant be a foreigner, the local authorities will move the Consul concerned to hold a joint investigation and trial;
(b.) If the defendant be a Chinese, the Consul concerned will move the Chinese authorities concerned to hold a joint investigation and trial;
(c.) If both the plaintiff and defendant are foreigners, or if both are Chinese, the Courts concerned, on an action for infringement of a trade-mark being brought before them, will deal with it in such a manner as to afford due protection.
21. The under-mentioned offences are punishable with imprisonment up to one year and a fine not exceeding 300 taels, but judgment can only be given in proceedings instituted by the party aggrieved:-
(a.) The intentional use on a similar class of goods of an imitation of a trade- mark registered by another person, or the offering of such mark for sale;
(b.) The imitation of a trade-mark and the use thereof on a similar class of purposes goods, or the sale of such goods knowingly, or the storage of such goods for of sale;
(c) The use of an imitation of a trade-mark as a "chop," or its employment for purposes of advertisement;
(d.) Knowingly to use on the same class of goods another person's manner of packing (e.g., cases, boxes, bottles, jars, &c.) or wrappings or labels in respect to which a trade-mark has been registered, or knowingly to offer such goods for sale;
(e.) To import goods being well aware of the fact that they infringe the trade- mark rights of others.
22. If any infringement occurs, as described in the above clauses, such trade- marks and the articles used for making the same shall be confiscated, and any goods or wrappers, packages, or “ which cannot be separated from the marks they
chops bear shall be destroyed.
23. Chinese or foreigners must pay fees according to the following scale in respect of applications for registration, the issue of certificates and other matters connected therewith:---
25
Supplementary Regulations.
24. The above Regulations will come into force on the 15th day of the 9th moon
of the 30th year of Kuang Hsü (23rd October, 1904).
25. As, according to Treaty, reciprocal protection is guaranteed, the Registration Office undertakes to recognize as valid all applications for registration of trade-marks made through the proper channels prior to its assuming its functions.
26. In the case of trade-marks already registered abroad before the Registration Office starts its functions, application for registration must be made within six months of the Office starting its functions, and the Office will then consider such applications as standing at the head of the list.
27. Trade-marks which, prior to the starting of its functions by the Registration Office, may have been protected by Proclamation on the part of the local authorities, will cease to enjoy such protection if due application for registration be not mude within six months of the time when the Registration Office shall have been opened,
not affect the provisions of 28. The three foregoing Regulations do Regulation 5.
The above Regulations are provisional, and are subject to revision when the Code governing trade-marks shall have been compiled.
Amount,
Haikuan Taels.
"
renewal of certificate, if lost
On every application to register a trade-mark
,, registration of a mark and issue of a stamped certificate
,, transfer of, or declaration of, partnership in a mark
,, renewal of registration
If above 100 characters, for every additional 100 characters
For inspecting register, every half-hour..
On reporting any case of fraudulent imitation
5-00
30-00
20·00
25.00
For every copy of a document connected with registered trade-marks
2.00
0.50
1:00
10.00
5.00
application for reconsideration of a ruling given
5-00
application to cancel registration
30.00
1.
requesting transfer of ownership rights to next of kin in event of
death
5.00
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