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opinion, constituted a definite objection to the adoption
of the proposed Rules and Regulations,
To sum up the matter, if a Trade Marka Act is to be
formulated the claim for "Priority of User", as against
subsequent registration by others, must be a definite stipulation otherwise British trade in Cotton Piece-Goods will practically be stopped.
It appears to me that so soon as some settled form of
Government is achieved by the Chinese this question of Trade
marks Protection is one of sufficiently vital importance to British Merchants to call for stremous action on the part of
the representatives of the British Government in China and
that, if possible, the Japanese Government should be approached
with a view to proving to them the rights on which the British Claim for "Priority of User" are based and if possibly
getting their assent to amend the Rule referred to above.
Various cases might be given showing examples of goods bearing "Proprietory' Marks, giving declared dates of first shipment by British firms and submitting copies of Infringing marks which have been registered in Japan, during the last few
years,
So that everyone shall receive equitable treatment, it is
suggested that every application for registration shall include
a claim for first user giving the date of such user and the style of goods on which used, and that this claim shall be
declared to be true before a Commissioner of Oaths in Great
Britain, or similar tribunal abroad.
This would deter false claims being put forward and, if made and proved to be untrue, subject the declarant to penalty.
When peace terus are being discussed it is assumed that China will be represented and presumably the question of Treaty rights in China will also be discussed, in which case China's undertaking to protect and register Foreign Trade Marks could be made an essential part of any new Treaty rights agreed upon
and