This Document is the Property of His Britannic Majesty's Government.
--43763
182
CHINA TRADE.
CONFIDENTIAL.
No. 1,
[February 2]
SECTION
APR 04
(No. 3.)
Mr. Jamieson to the Marquess of Lansdowne.—(Received February 27.)
My Lord,
Shanghae, January 25, 1904,
I HAVE the honour to inclose copy of a despatch, and its inclosure, which I have addressed to His Majesty's Minister on the subject of certain proposed Regulations to govern the registration of trade-marks in China.
I have, &c.
(Signed)
J. W. JAMIESON,
Commercial Attaché.
Inclosure 1 in No. 1.
(No. 4.)
Mr. Jamieson to Sir E. Satow.
Shanghae, January 23, 1904.
I HAVE the honour to inclose herewith a copy of certain proposed Rules for the registration of trade-marks, drawn up, under Sir Robert Hart's directions, by the Deputy Inspector-General of Customs, assisted by the local Commissioner and Messrs. Hippisley and Taylor, and amended by myself. Other business engagements of a pressing nature have prevented Sir Charles Dudgeon from devoting any attention to this matter, and I therefore consulted the Chairman of the Chamber of Commerce with regard to my own suggestions. They were approved of by him, and, with one exception, were all adopted.
This exception, however, was, in my opinion, so important that I informed Mr. Bredon that I would refer the point to you, asking him at the same time to submit my proposal to Sir Robert Hart.
If these Regulations are to secure the protection contemplated by Article VII of the Treaty negotiated by Sir James Mackay, there must be no doubt with regard to the proper interpretation of Rule 6, and as such interpretation must eventually rest with the Chinese Courts there ought to be no room left for ambiguity.
As you are aware, the "chops" in use by foreign firms are for the most part of Chinese design, and the principle upheld by British Registrars is that the leading feature of a "chop" is the essential thing which has to be protected. This principle would not, however, appear to be recognized by Japanese Registrars, as the following instance will show. For some twenty years a British merchant in Yokohama was agent for what is known as the stag "chop" of English yarn; yet the Asahi Cotton Spinning Company, of Osaka, started in 1895, were allowed to register a trade-mark on a label of the same colour—red—having on it a stag and hind.
It would have been impossible to have had such a mark registered in Great Britain, and the possibility of having such infringement of existing rights perpetrated in China ought to be guarded against. I accordingly redrafted the first paragraph of Rule 6, making it read as follows:—
"Rule 6, paragraph 1. The Registrar will have the right to refuse to register as a Chinese trade-mark any mark the registration of which seems to facilitate fraud in the marking of goods—that is to say, any mark which is the same as, or in character resembles, any mark or 'chop'—Chinese or foreign—already registered, or any mark or 'chop' which reproduces the leading feature or features of marks already registered, or to which the same or a like-sounding trade designation may be applied, whether in Chinese or another language, or any mark of which the Chinese characters may be misread for those appearing on marks already registered."
The Commissioners of Customs held that this went beyond the stipulation of the Treaty, and, according to Mr. Hippisley, it would be difficult to render intelligibly in Chinese. They were therefore unwilling to entertain it. The sole change made in the original draft was to substitute in the second line the word "approximately" for "nearly."
Page 1
[1854 dd-1]
3
[This Document is the Property of His Britannic Tajesty's Government..
--43763
182
CHINA TRADE.
CONFIDENTIAL.
No. 1,
[February 2
SECTION
APR 041
(No. 3.)
Mr Jumieson to the Marquess of Lansdowne.-(Received February 27.)
My Lord
Shanghae, January 25, 1904, I HAVE the honour to inclose copy of a despatch, and its inclosure, which I have addressed to His Majesty's Minister on the subject of certain proposed Regulations to govern the registration of trade-marks in China.
I have, &c. (Signed)
J. W. JAMIESON,
Commercial Attaché.
Inclosure 1 in No. 1.
(No. 4.) Sir,
Mr. Jamieson to Sir E. Salow.
Shanghae, January 23, 1904. I HAVE the honour to inclose herewith a copy of certain proposed Rules for the registration of trade-marks, drawn up, under Sir Robert Hart's directions, by the Deputy Inspector-General of Customs, assisted by the local Commissioner and Messrs. Hippisley and Taylor, and amended by myself. Other business engagements of a pressing nature have prevented Sir Charles Dudgeon from devoting any attention to this matter, and I therefore consulted the Chairman of the Chamber of Commerce with regard to my own suggestions. They were approved of by him, and, with one exception, were all adopted.
This exception, however, was, in my opinion, so important that I informed Mr. Bredon that I would refer the point to you, asking him at the same time to submit my proposal to Sir Robert Hart.
If these Regulations are to secure the protection contemplated by Article VII of the Treaty negotiated by Sir James Mackay, there must be no doubt with regard to the proper interpretation of Rule 6, and as such interpretation must eventually rest with the Chinese Courts there ought to be no room left for ambiguity.
As you are aware, the "chops" in use by foreign firms are for the most part of Chinese design, and the principle upheld by British Registrars is that the leading feature of a "chop" is the essential thing which has to be protected. This principle would not, however, appear to be recognized by Japanese Registrars, as the following instance will show. For some twenty years a British merchant in Yokohama was agent for what is known as the stag "chop "of English yarn; yet the Asahi Cotton Spinning Company, of Osaka, started in 1895, were allowed to register a trade-mark on a label of the same colour-red-having on it a stag and hind.
It would have been impossible to have had such a mark registered in Great Britain, and the possibility of having such infringement of existing rights perpetrated in China ought to be guarded against. I accordingly redrafted the first paragraph of Rule 6, making it read as follows :--
"Rule 6, paragraph 1. The Registrar will have the right to refuse to register as a Chinese trade-mark any mark the registration of which seems to facilitate fraud in the marking of goods-that is to say, any mark which is the same as, or in character resembles, any mark or 'chop'-Chinese or foreign-already registered, or any mark or 'chop' which reproduces the leading feature or features of marks already registered, or to which the same or a like-sounding trade designation may be applied, whether in Chinese or another language, or any mark of which the Chinese characters may be misread for those appearing on marks already registered."
The Commissioners of Customs held that this went beyond the stipulation of the Treaty, and, according to Mr. Hippisley, it would be difficult to render intelligibly in Chinese. They were therefore unwilling to entertain it. The sole change made in the original draft was to substitute in the second line the word "approximately" for
'nearly."
"1
[1854 dd-
-1]
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