!
1
Pr
...i
T
1.
391
Wer
*
alqx
17. 1
f.
22
9'IJ..
KIF...OT
The Shok.
in any registration scheme for China and willingly pay a fair fee for such registration.
I now proceed to deal with the anomalies and disabilities
which attend Trade Marks usage in China.
In Germany, France, Austria, Japan, America and other
Countries such Trade marks as those I refer to as "Second
class" or "Recorded" Chop Marke are accepted for registration, therefore the position of British Importers in China is, that
whereas they are using unregistered Trade marks which are
afforded protection in their Country of origin in view of "priority of user", other nationals are in a position to try
and usurp their trade by the use of such marks and for which registration in their respective countries of origin has been
obtained.
I may say that it is a matter of common knowledge that many of these recorded marks, although refused registration in Great Britain have been accepted for registration in Germany and Japan.
Under the existing conditions relating to the protection of Trade Marks in China it is difficult but not impossible to get redress against infringers, Amongst British merchants such infringements are usually stopped by simply pointing out to the infringers the claim of "priority of user".
Of late years however Japan, America, Germany and Austria have extended their trade in China and the old friendly feelings existing between Importers has naturally lessened, therefore it is essential that a Trade marks act be promilgated so that legal assistance may be obtained if necessary.
Under the Treaty of September 5th, 1902 China, under Art. VII, entered into the following obligation:-
*Inasmuch as the British Government afforded protection to Chinese trademarks against infringements, imitation, or colorable imitation by British subjects, the Chinese Govern- ment undertake to afford protection to British trademarks
against