372
PUBLIC RECORD OFFICE
C.O.
Reference :-
885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
3.
82
Nor do the Board think that the case could be satisfactorily met by taking power to avoid or to suspend the marks in favour of British firms, as has been done in the case of marks registered in the United Kingdom by the Patents, To license a trade-mark Designs, and Trade Marks (Temporary Rules) Acts.
without the transfer of the whole goodwill of the business is contrary to trade- mark law. In a case now under consideration there is no goodwill to pass with the marks, and to transfer to British traders marks which have hitherto dis- tinguished specific German goods would prima facie be deceptive.
4. The powers of the Board under the Acts already mentioned are, as a rule, exercised in the case of trade-marks only in the following cases, viz :-
5.
(1) Where the trade-mark is the name of a patented article, and a licecne is
granted under the patent protecting it.
(2) Where it is the only name or the only practicable name of an article
manufactured under an expired patent.
(3) Where it is the name or the only practicable name of an article manu- factured in accordance with a known process or a formula which has been published or is well known in the trade.
In all the circumstances the Board of Trade suggest that the best course to adopt would be to pass a general enactment vesting all enemy marks of this kind in the Crown or in some public official. This would prevent the appropriation of the marks by other persons in a way which might lead to deception or confusion, and it would enable the Crown to hold the marks until the conclusion of the War, when the whole question of Gerinan trade with the Colonies will have to be con- sidered. The fact that the Crown held the marks would prevent the introduction of German goods bearing such marks, and, if it were so desired, the use of the marks might subsequently be allowed to proper persons. Any difficulty as regards the vesting of mere trade-marks without a business might be met by vesting equally in the Crown any goodwill which might be considered to remain with the business formerly carried on by the alien enemy.
8. Should any trade-marks falling within the category now discussed be registered in the territory under your administration, I would suggest the adoption of legislation on the lines above indicated, which should provide that all enemy marks of this kind should be vested in the Public Custodian of Enemy Property, whose appointment was directed in the fifth paragraph of my Circular despatch of the 1st of February.*
41165
No. 65.
I have, &c.,
A. BONAR LAW.
COLONIAL OFFICE to RECONSTRUCTION COMMITTEE.
SIR,
Downing Street, 4th September, 1916. WITH reference to the letter of 28th August addressed to you by the Foreign Office,† regarding the liquidation of the enemy firm of Messrs. Schmidt & Kuster- mann of Penang, I am directed by Mr. Secretary Bonar Law to enclose, for the information of your Committee, a copy of a letter received from the Foreign Office on the subject and copy of a telegram, § which has been sent to the Governor of the Straits Settlements, in accordance with the third paragraph of that letter.
With regard to the proposal to insert a condition of the kind mentioned in the Colonial Office letter of the 28th July || in all sales of land and other perma- nent assets belonging to liquidated enemy firms, I am to point out, for the consideration of your Committee, that the proposal involves considerations which hardly affect the general question whether His Majesty's Government are to forbid or permit the sale of land in His Majesty's dominions to enemy subjects after the War.
3. The object of including the condition in question in the case of sales of permanent assets of liquidated firms is to secure that the enemy owners do not arrange to buy back the properties in question by the employment of dummy purchasers.
* 50792/15.
Enclosure 2 in No. 63.
‡ No. 68.
§ 41165. || No. 61.
83
4. The liquidation of enemy firms, both in this country and overseas, has been found necessary for reasons of military and general policy, but it is hoped that one result of the liquidations will be to enable British firms to take over some part at least of the trade which has been carried on by the liquidated firms, and even though it may ultimately be decided by His Majesty's Government that it is undesirable to exclude German and Austrian capital and competition from British territory, that decision need not necessarily be inconsistent with the policy of transferring to British traders the business actually carried on by enemy firms prior to the War, since this transfer need not prevent the re-establishment of enemy competition after the War, though it will give the British traders an initial advantage over their enemy competitors.
5. If the owners of the liquidated firms are to be allowed to buy back their property by the employment of dummy purchasers the sales will be illusory, and the object above mentioned will be to that extent defeated.
6. I am, therefore, to suggest that any oversea Government concerned in the sale of properties should be informed that, in any case where they think it probable that an attempt will be made by the owners of liquidated enemy businesses to buy back their land and permanent estates by the employment of dummy purchasers, a condition of the kind proposed should be included among the conditions of sale.
I am, &c.,
G. GRINDLE
44642
SIR,
No. 66.
STRAITS SETTLEMENTS
BOARD OF TRADE to COLONIAL OFFICE. (Received 19th September, 1916.)
Board of Trade, 18th September, 1916 I AM directed by the Board of Trade to refer to your letter of the 9th September * transmitting a copy of a telegram from the Governor of the Straits Settlements on the subject of the sale of shares in British companies owned by -nemies or enemy subjects, and in reply I am to say that the Board concur in a telegram being sent to the Governor, Singapore. in the terms of the draft which accompanied your letter of the 15th July.†
In this connexion I am to forward, for the information of Mr. Secretary Bonar Law, a copy of a communication (with the enclosure), dated 31st August, received from the Office of the High Commissioner for the Union of South Africa, and a copy of the reply, dated 14th September, which was sent indicating the present policy adopted by the Board of Trade as regards the making of orders for vesting in the Public Trustee stock shares and freehold property belonging to enemies or enemy subjects.
I am to express the regret of the Board that an earlier reply was not sent to your letter of the 15th July.†
44734
IR,
No. 67.
I have, &c.,
H. M. WINEARLS.
FOREIGN OFFICE to COLONIAL OFFICE.
(Received 19th September, 1918.)
Foreign Office, 18th September, 1916.
I AM directed by Viscount Grey to acknowledge the receipt of your letter of the 11th instant, § relative to the steps which it is proposed to take to prevent <wners of liquidated enemy businesses in British Possessions from buying back real property through dummy purchasers.
In the circumstances, and pending the views of the Reconstruction Com. mittee, Viscount Grey sees no objection to action being taken in these cases on the lines of Mr. Secretary Bonar Law's circular despatch of 1st August.||
I am, &c.,
W. LANGLEY.
* 42410.
+ No. 58.
↑ Not printed.
§ 41165.
|| No. 62.
H 2
84