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A mark does not, therefore, in the eyes of Japanese law, belong to anyone until it has been registered; and it seems to Sir E. Grey that to request the Japanese Government to allow the registration of a trade mark to be cancelled at any time on proof of prior use of the mark by another party would be equivalent to asking them to abandon the whole principle on which their law is based, a principle which, as stated above, is that followed by nearly all the most important States of the World.
I am at the same time to invite your attention to Article 2 (3) of the Japanese law which states that words, devices or marks in regard to which the apprehension exists that they will deceive people cannot be registered in Japan as trade marks; and I am to suggest that you should consult a Patent Agent in Japan as to the means by which protection could best be obtained for unregistered British trade marks under the terms of this Article, which seems to be of a comprehensive character.
In, Gentlemen,
Your most obedient,
humble Servant,
(Signed) F. A. Campbell.