H.
9440/20
Su
300
Lofy for prulent-
thist
15
I have to.
March 1920
to inform
the question of the
you
treatment of traste. markus belonging to German sulirets
whuish
im
the
войто
have not been sold!
liquidation of everay.
the Colonies not
forressing responsible Gout
Protectorater
vested wo
of Enemary
under
General
2
中
but Force been the local Custodian Property
Conne
has been
Such markers will im
fall into
three classes:
(a) those belonging to Gauman
Buimo
individuals
established in
or companies
and cannying
business in Germany
but not
5.
Marks falling within the third class are in effect registered in the
names of two entities, a German individual firm or company in Germany
carrying on business as a manufacturer and a German individual firm or company in the Colony carrying on business as an agent—the mark denoting
both the manufacturer's and the agent's business. The latter business hasN presumably been liquidated and is no longer in existence. In view of the
provisions of paragraph 5 of the Annex to Article 297 of the Peace Treaty,
such marks might be retained by the Custodian, if it were desired to prevent
imports by the firm concerned into the Colony, but having regard to the general
resumption of trade between the British Empire and Germany it is considered
that it would be best to allow the mark to be restored to the German firm, with
whose business it was formerly associated.
6. In cases where it is decided to restore enemy trade marks, two
alternative courses are possible :-
(A) A General Divesting Order or Deed, leaving the various rights of
the parties to be determined hereafter in legal proceedings;
(B) the restoration of each trade mark only on special application by
the parties properly entitled to it, the transfer by the Custodian to such
parties being recorded in the Register of Trade Marks.
It seems preferable that the second of these courses should be adopted,
proof of title being called for in each case before the transfer by the Custodian
to the person claiming ownership. It does not seem necessary that a special
assignment should be made in each case, and all that would be required is that,
in each case in which the title was made to the satisfaction of the Custodian,
he should give to the Registrar of Trade Marks a written authorization to
re-enter the names of the applicants in the Register, which might be in the
following terms :—
Subject to the provisions of the Treaty of Peace, I consent to the
transfer of mark
to
the Treaty of Peace."
now standing in my name as Custodian
who has proved his title to my satisfaction under
DRAFT.
Circular
.3.
to all
ming
Coloniere ť Protectorates
(not to Tanganyik(u)
MINUTE.
Mr. Discon
qu
Mr. Burke 9/3/20
Mr.
Mr.
Grindle !!
Nir H. Lambert.
Sir H. Read.
Sir G. Fiddes.
Col. Amery.
Lord Milner".
60
008/120
0
1
ction (see minute)
v Mancer
defs requered to Tang.. Sanitoms & Topol'
Capy to to
22 March 1920. AFF?
I have the honour to be,
Sir,
Your most obedient, humble servant,
(for the Secretary of State)
L. S. AMERY.