Page 183
1
2
I still contend that, to insure efficient protection, a wording somewhat similar to my own should be adopted. A pair of scales containing lumps of "sycee" would not approximately resemble the original "(chop"), which consists of a lump of 'sycee," yet, as it would reproduce the leading feature of that "chop," it ought to be possible to prohibit the registration of such a design.
16
sycee
The insertion of the provision with regard to Chinese characters, which would be liable to mislead an ignorant person, was suggested to me by a very clever imitation of the marks on a certain brand of yellow soap. The real article bore the characters, "Hsiang-mao," the counterfeit had impressed on it after the character, a mutilation of the character (ch'i), written, so as to make it resemble the character . An educated person would have read it properly "Hsiang-ch'i," but to the ordinary purchaser of the soap it read "Hsiang-mao."
It was with the greatest difficulty that a conviction could be obtained in the Mixed Court against the manufacturer, and in an ordinary Chinese Court he would very likely have been acquitted.
It is for reasons such as these that I hold that Rule 6, as it stands, is inadequate, and I venture to think that I am not without justification. The Regulations in other respects appear to me to be satisfactory. In Rule 5 the time-limit might be extended to six months, and in Rule 6, after "previous to the making of these Rules," might be inserted, "whether such mark has been registered or not."
I have, &c. (Signed)
J. W. JAMIESON,
Commercial Attaché.
Inclosure 2 in No. 1,
Trade-Mark Registration Regulations.
WHEREAS the Chinese Government in Treaties with Foreign Powers undertake that the Superintendents of Northern and Southern Trade shall establish offices within their respective jurisdictions under the control of the Imperial Maritime Customs where foreign trade-marks may be registered on payment of a reasonable fee, the following Regulations to give effect to the stipulation of the Treaties, and to serve in the protection of trade-marks throughout the Empire of China are hereby enacted :-
1. Offices are established at Tien-tsin and Shanghae where trade-marks may be registered; the Commissioners of Customs at those ports are ex officio Registrars.
To these offices applications for registration may be presented, either directly or through the Commissioners of Customs at the several ports.
2. Trade-marks which may be registered are of two kinds :-
(a.) Foreign trade-marks, being those which have already been registered in a foreign country according to the law therein in force.
(b.) Chinese trade-marks, being those not registered elsewhere, which it is proposed to adopt for use in China.
Separate registers will be kept for the two kinds of trade-marks and the certificates of registration issued will be distinctive of each.
3. When an application for the registration of a foreign trade-mark is made, the applicant must produce a copy of the certificate of registration in the country where originally registered, attested as correct by the proper national authority. A trade-mark registered abroad for a certain period shall cease to be valid in China when that period has expired. If continued where issued it can be reregistered in China.
4. When the application is for a Chinese trade-mark, it must be supported by a declaration in the case of a foreigner, made before and attested by his Consul—to the effect that, to the best of the applicant's knowledge and belief, the trade-mark offered for registration is original and is not used by any other merchant, Chinese or foreign. The period during which a Chinese trade-mark is valid is twenty years from date of registration. Chinese trade-marks may be registered in accordance with this Regulation either by Chinese or foreigners.
5. A Chinese trade-mark will not be definitely registered until three months after the application has been handed in.
In the meantime, the fact of application to register the mark having been made must, with a full description of it, be advertised in a manner the Registrar may consider sufficient. and proof of such advertisement must be produced. If valid objection is made to the proposed mark registration will be refused.
3
6. The Registrar will have the right to refuse to register as a Chinese trade-mark any mark which is the same as, or approximately resembles any other already registered for the same class of goods; or the registration of which seems to facilitate fraud in the marking of goods, or to which the same trade designation is likely to be applied in Chinese or any other language.
He will have the right to refuse registration, or to cancel the registration as a trade-mark of any mark or name, or of any Chinese character, proved to have been already legitimately in use in China previous to the making of these Rules, by any Chinese or foreign merchant as a "chop" or trade-mark native covering goods especially manufactured or prepared in China; also of any mark being a colourable imitation of same; also of any mark, emblem, or device understood to be reserved for special Imperial or national use in China.
7. All applications for registration of trade-marks must specify distinctly and fully-
(1.) The nature, character, and description of the proposed mark; a facsimile in triplicate to accompany the application;
(2.) The classes or sub-classes of goods for which exclusively it is proposed to be used;
(3.) Whether it is to be stamped, printed, dyed, engrained, or otherwise incorporated in the fabric; is attached by label or mark to the goods themselves, or is affixed to the box, bottle, parcel, wrapper, or other covering in which the goods are contained;
(4.) The name of the person or persons in whom the ownership is vested, and the names of any other person or persons authorized by them to use the marks.
All applications in connection with registration must be made on the special forms provided.
8. When the ownership of a foreign trade-mark is transferred, the transfer must be registered. The production of official evidence of the transfer will be required.
Transfer of ownership in a Chinese trade-mark must also be registered. The transfer can only be made by the registered owner or the legally constituted representative of the owner.
If the registered owner is a firm or partnership, the consent of all the members is required.
9. When a trade-mark, either foreign or Chinese, has been registered, a certified copy of the entry in the register may be furnished, and the fact of registration will be published in one or more local papers in general circulation, and in the "Customs Gazette," in a special Appendix provided for that purpose.
10. The register of trade-marks is open to public inspection at any time, but it is not permitted to take any drawings or copies of any marks or designs.
11. The following fees will be charged :—
On registering a foreign trade-mark, including issue of certificateHk. taels. 10 On application for registering a Chinese trade-mark10 On completion of registration of a Chinese trade-mark, after investigation20 Recording transfer of trade-mark5 Renewal of expired trade-mark5 Issue of copy of certificate of registration, each5 Inspection of register5 Noting protest opposing the registration of any trade-mark advertised5 Advertising registrationActual cost.12. These Regulations are provisional, and may be amended or added to as circumstances require.
4
Page 183
1
2
183
1
2
I still contend that, to insure efficient protection, a wording somewhat similar to my own should be adopted. A pair of scales containing lumps of "sycee" would not approximately resemble the original "; ("chop"), which consists of a lump of 'sycee," yet, as it would reproduce the leading feature of that "chop," it ought to be possible to prohibit the registration of such a design.
16
sycee
The insertion of the provision with regard to Chinese characters, which would be liable to mislead an ignorant person, was suggested to me by a very clever imitation of the marks on a certain brand of yellow soap. The real article bore the characters, Hsiang-mao," the counterfeit had impressed on it after the character, a mutilation of the character (chi), written, so as to make it resemble the character . An educated person would have read it properly "Hsiang-ch'i," but to the ordinary purchaser of the soap it read "Hsiang-mao."
It was with the greatest difficulty that a conviction could be obtained in the Mixed Court against the manufacturer, and in an ordinary Chinese Court he would very likely have been acquitted.
It is for reasons such as these that I hold that Rule 6, as it stands, is inadequate, and 1 venture to think that I am not without justification. The Regulations in other respects appear to me to be satisfactory. In Rule 5 the time-limit might be extended to six months, and in Rule 6, after "previous to the making of these Rules," might be inserted, "whether such mark has been registered or not."
I have, de. (Signed)
J. W. JAMIESON,
Commercial Attaché.
Inclosure 2 in No. 1,
Trade-Mark Registration Regulations.
WHEREAS the Chinese Government in Treaties with Foreign Powers undertake that the Superintendents of Northern and Southern Trade shall establish offices within their respective jurisdictions under the control of the Imperial Maritime Customs where foreign trade-marks may be registered on payment of a reasonable fee, the following Regulations to give effect to the stipulation of the Treaties, and to serve in the protection of trade-marks throughout the Empire of China are hereby enacted :-
1. Offices are established at Tien-tsin and Shanghae where trade-marks may be registered; the Commissioners of Customs at those ports are ex officio Registrars.
To these offices applications for registration may be presented, either directly or through the Commissioners of Customs at the several ports.
2. Trade-marks which may be registered are of two kinds :-
(a.) Foreign trade-marks, being those which have already been registered in a foreign country according to the law therein in force.
(6.) Chinese trade-marks, being those not registered elsewhere, which it is proposed to adopt for use in China.
Separate registers will be kept for the two kinds of trade-marks and the certificates of registration issued will be distinctive of each.
3. When an application for the registration of a foreign trade-mark is made, the applicant must produce a copy of the certificate of registration in the country where originally registered, attested as correct by the proper national authority. A trade-mark registered abroad for a certain period shall cease to be valid in China when that period has expired. If continued where issued it can be reregistered in China.
4. When the application is for a Chinese trade-mark, it must be supported by a declaration in the case of a foreigner, made before and attested by his Consul-to the effect that, to the best of the applicant's knowledge and belief, the trade-mark offered for registration is original and is not used by any other merchant, Chinese or foreign. The period during which a Chinese trade-mark is valid is twenty years from date of registration. Chinese trade-marks may be registered in accordance with this Regulation either by Chinese or foreigners.
5. A Chinese trade-mark will not be definitely registered until three months after the application has been handed in.
In the meantime, the fact of application to register the mark having been made must, with a full description of it, be advertised in a manner the Registrar may consider sufficient. and proof of such advertisement must be produced. If valid objection is made to the proposed mark registration will be refused.
3
6. The Registrar will have the right to refuse to register as a Chinese trade-mark any mark which is the same as, or approximately resembles any other already registered for the same class of goods; or the registration of which seems to facilitate fraud in the marking of goods, or to which the same trade designation is likely to be applied in Chinese
or any other language.
He will have the right to refuse registration, or to cancel the registration as a trade- mark of any mark or name, or of any Chinese character, proved to have been already legitimately in use in China previous to the making of these Rules, by any Chinese or foreign merchant as a "chop" or trade-mark native covering goods especially manufactured or prepared in China; also of any mark being a colourable imitation of same; also of any mark, emblem, or device understood to be reserved for special Imperial or national use in China.
7. All applications for registration of trade-marks must specify distinctly and fully-
(1.) The nature, character, and description of the proposed mark; a foc simile in triplicate to accompany the application;
(2.) The classes or sub-classes of goods for which exclusively it is proposed to
be used;
(3.) Whether it is to be stamped, printed, dyed, engrained, or otherwise incorporated in the fabric; is attached by label or mark to the goods themselves, or is affixed to the box, bottle, parcel, wrapper, or other covering it which the goods are contained;
(4.) The name of the person or persons in whom the ownership is vested, and the names of any other person or persons authorized by them to use the marks.
All applications in connection with registration must be made on the special forms provided.
8. When the ownership of a foreign trade-mark is transferred, the transfer must be registered. The production of official evidence of the transfer will be required.
Transfer of ownership in a Chinese trade-mark must also be registered. The transfer can only be made by the registered owner or the legally constituted representative of the If the registered owner is a tirm or partnership, the consent of ali the members is
owner,
required,
9. When a trade-mark, either foreign or Chinese, has been registered, a certified copy of the entry in the register may be furnished, and the fact of registration will be published
in one or more local papers in general circulation, and in the "Customs Gazette," in a special Appendix provided for that purpose.
10. The register of trade-marks is open to public inspection at any time, but it is not permitted to take any drawings or copies of any marks or designs.
11. The following fees will be charged :—
On registering a foreign trade-mark, including issue of certificate
On application for registering a Chinese trade-marks
On completion of registration of a Chinese trade-mark, after investigation ..
Recording transfer of trade-mark
Hk. tacls.
10
10
20
5
Renewal of expired trade-mark
5
Issue of copy of certificate of regissration, cach
5
Inspection of register
5
Noting protest opposing the registration of any trade-mark advertised Advertising registration
5
Actual cost.
12. These Regulations are provisional, and may be amended or added to as circum- stances require.
4
No comments yet.
Private notes are available after approval.