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No mark classified under (1) or (2) shall be registrable either by the original owner or any other person.
In the case of infringement of any mark classified under (1) by a Chinese subject or subjects, the Government will accord equal protection to such mark as to registered
marks.
2. Any person aggrieved by the deposit of any mark in such record may apply to the Registrar to have it removed from such record. Such application may be made if such mark has not been used as stated before the 1st January, 1903, or is an infringe. ment of a mark of the applicant, or on any other just grounds. If the name of the person or firm indorsed on any mark in such record is not the name of the actual proprietor, the Registrar way amend the indorsement so as to show the name of the actual proprietor.
3. Names of firms and of Companies shall be protected without registration, whether they form part of a trade-mark, or whether they do not. Names of firms include Hong
names,
4. Any person or firm claiming the exclusive use of any trade-mark which has not been lawfully used prior to the 1st January, 1903 (hereinafter referred to as new marks) must have it registered in conformity with these Regulations.
5. 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.
6. The Board of Commerce will establish an office, under the control of the Imperial Maritime Customs, which shall have sole control of matters connected with registration.
7. The custom-houses at Shanghae and Tien-tsin will be created branch offices of registry, where application for registration may be made, as most convenient to those concerned.
8. All who desire to register new trade-marks must send in their applications to the head office, or to either of the branch offices.
9. With every application to register there must be left a Memorandum which must state the class or classes of 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 branch office, two sets of the documents mentioned in this rule must be left. If there is any doubt as to the class in respect of which registration is asked, that doubt shall be settled by the Registrar. The Registrar shall decline to proceed until the class or classes of goods are specified for which the mark is to be used.
10. 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 sceue represented in any mark.
11. Marks cannot be registered which-
(a.) Are likely to injure young or old, offend against morality, or are calculated to deceive.
(b) Embody symbols or phraseology reserved for Government use, e.g., Imperial or official seals, the national standard or military flags, or devices appropriated for the reward of merit (such as the insignia of an Order).
(c) Resemble marks in the said record which have been used for the same class of goods.
(d) Resemble any marks already registered for the same class of goods. (e.) Do not possess a distinctive character of their own. having regard to the usages of the trade in the class of goods for which registration is desired.
12. Applications in respect of new marks, which resemble cach other and are to be used in respect of the same class or classes 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, subject to these Regulations. If such marks have been used, the applicant who has first lawfully used the same shall be entitled to registration. If application 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 applica- tions shall be refused unless the parties can agree amongst themselves that one shall be registered.
13. When an application is made to register a new mark, identical with or similar to a mark which has been refused at a prior date, the Registrar shall not proceed with
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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.
14. The Registrar, before refusing to register any mark, must give the applicant or his agent reasonable opportunity of being heard, and may refer any question for the decision of a duly constituted Committee of merchants--Chinese and foreign.
15. The Registrar must state in writing any reasons be may have for refusing to register a trade-mark.
16. 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.
17. If an application is found to be in order, and there is no legitimate objection to it, it shall forthwith be advertised, and the applicant must supply, for this purpose, a suitable block, not exceeding 4 inches in breadth and 75 of an inch thick. (These dimensions are specified in the provisional Chinese Regulations.)
18. If within six months after advertisement no objection is made to registration, the Registrar may, if he thinks fit, proceed with registration.
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19. The period during which Chinese or foreign merchants shall have the exclusive right to a registered trade-mark is limited to twenty years from the date of registration. Registration may then be renewed for twenty years, and so on from time to time at the end of every period of twenty years.
20. If an owner of a registered trade-mark wishes to have his exclusive rights therein coutinued, he must, within six months prior to the date of expiry, give notice of his intention to renew registration.
21. If an owner of a registered trade-mark wishes to transfer his exclusive rights therein to another, or to give others a share therein, he must at once give notice to the Registration Office, and have the fact recorded.
29. The record of trade-marks and a duplicate of the register shall be kept at a special office at Shanghae, where either may be inspected on payment of a fee of 1 tael. Those residing at a distance may employ an agent.
23. The Registrar will publish a "Trade-marks Gazette," containing all matters relating to the registration or cancellation of trade-marks.
[Note.-As this will presumably be in the Chinese language, its utility would be greatly increased if an English translation could be added or separately published.]
24. The Registrar may at any time remove from the register---
(a.) Marks which ought not to have been registered;
(b) Marks which have not been used for the preceding five years.
25. Before removing any mark from the register, the Registrar shall give due notice to the owner, unless he cannot be found. If he can be found he shall be entitled to be heard before the Registrar removes the mark.
26. Any owner may remove his mark from the record, or may apply to the Registrar to cancel his registered mark.
27. At the instance of the owners of exclusive rights in a trade-mark, suits may be instituted against any one who may infringe such rights, and on conviction the latter will be mulcted in damages.
28. Suits for intringement of trade-marks will be conducted as follows :~~-
(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 communicate with the Chinese authorities, and a joint investigation will take place.
(c) If both plaintiff aud defendant are Chinese, or if both are foreigners, the Courts concerned will, in a case of infringement, afford all necessary protection.
29. 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 a suit instituted by the party aggrieved :—-
(a.) To imitate a trade-mark, or apply such imitation to goods of the same class, or on the premises for purposes of knowingly to sell such goods, or have the same
sale.