Inclosure 1 in No. 1.
Provisional Regulations Governing the Registration of Trade-marks,
(Translation.)
1. ALL merchants, Chinese or foreign, wishing to make exclusive use of trade-marks must have them registered in conformity with the following Rules.
The principle underlying the constitution of a trade-mark is that it must, in design, in verbal description, or in whatever form it assumes, possess a distinctive character of its own. All three forms may be employed together or two together or separately.
2. The Board of Commerce will establish an Office, which shall have sole control of matters connected with registration.
The custom-houses at Shanghae and Tien-tsin will be created branch offices of registry, where application for registration may be made, as most convenient to those concerned.
3. All who desire to register trade-marks must send in their applications to the head office or to either of the branch offices.
4. To every application must be appended a Memorandum. This Memorandum, in addition to giving a full description of the mark, must be accompanied by a triplicate copy of the same, must state the kind of goods it is intended to cover, and the classes or sub-classes under which they come. (For classification see below.) In the event of application being made to a branch office, it and the Memorandum must be made out in duplicate.
5. If, on the receipt of an application, the head office finds it to be in order, and if, within a period of six months, no protest against the same shall have been made, registration will be proceeded with,
6. Applications in respect of marks resembling each other, or for the same or similar kinds of goods. will be entertained in order of their presentation. The first comer will have the right to registration. All marks, in respect of which application is made on the same day and at the same time, will be registered.
7. In the case of trade-marks registered abroad, if application for registration be made within a period of four months from the date of original registration the date of original registration will be accepted (as the date from which registration in China shall count).
8. Trade-marks which infringe the following conditions cannot be registered :-(a.) Marks likely to injure young or old, offending against morality, or harbouring an intent to deceive;
(b) Marks embodying symbols or phraseology reserved for Government use, e.g., Imperial or official seals, the national standard or military flags, or devices appropriated for the reward of merit (such as the insignia of an Order) ;
(c.) Marks already registered, and marks resembling, or of the same nature as, marks which for over two years prior to the application for registration have been publicly used in China or have covered a similar class of goods;
(d) Marks in respect of articles which cannot be clearly specified.
9. The period during which Chinese or foreign merchants shall have the exclusive right to a trade-mark is limited to twenty years from the date of registration.
The period for trade-marks registered abroad which it is desired to register in China shall count from the date of original registration, but in no case must it exceed twenty years.
10. If owners of a trade-mark wish to have their exclusive rights therein continued, they must, within six months prior to the date of expiry, give notice of their intention to renew registration.
11. If an owner of a registered trade-mark wishes to transfer his exclusive rights therein to another, or to give others a share therein, he must at once give notice to the Registration Office and have the fact recorded.
12. If a mark already registered contravenes paragraphs (a), (b), or (d) of Regulation 8, the Registrar will have the right to cancel the same.
13. Any one who considers himself injured by the fact that a trade-mark has been registered in contravention of Regulation 6 or Regulation 8 (c) may apply to the Registrar to have registration cancelled, but he must do so within a period of three years from the date of registration.
14. The Registrar must state in writing any reasons he may have for refusing to register a trade-mark,
15. Any reason for objection to the Registrar's ruling under Regulation 14 must be filed within six months from the date of refusal to register. If this be done the decision will be subject to revision.
16. Applicants for registration, or owners of trade-marks not resident in China or residing at a distance from the Registration Office, must appoint some trustworthy agent to act for them.
17. Copies of entries on the register, or permission to inspect the register, may be applied for through the Registration Office or its branches. Those residing at a distance may apply through their agent.
18. The Registrar will publish a "Trade-Marks Gazette" with a list of trade-marks, and of any matters concerning the registration or cancellation of the same.
19. At the instance of the owners of exclusive rights in a trade-mark, suits may be instituted against any who may infringe such rights, and on conviction the latter will be mulcted in damages.
20. Suits for infringement of trade-marks will be conducted as follows:--
(a.) If the defendant be a foreigner, the local authorities will move the Consul concerned to hold a joint investigation and trial;
(b.) If the defendant be a Chinese, the Consul concerned will communicate with the Chinese authorities, and a joint investigation will take place;
(c.) If both plaintiff and defendant are Chinese, or if both are foreigners, the Courts concerned will, in a case of infringement, afford all necessary protection.
21. The under-mentioned offences are punishable with imprisonment up to one year and a fine not exceeding 300 taels, but judgment can only be given in a suit instituted by the party aggrieved:--
(a.) Any attempt to use a similar class of goods or to imitate a registered trade-mark belonging to another party, or to offer the same for sale;
(b.) To imitate a trade-mark or apply it to a similar class of goods, or knowingly to sell such goods or have the same on the premises for purposes of sale;
(c.) To use an imitation of a trade-mark as a "chop," or to employ for purposes of advertisement;
(d) Knowingly to use packages or wrappers bearing the registered trade-mark of others for the same class of goods, or knowingly to offer the same for sale;
(e.) To import goods, being well aware of the fact that they infringe the trade-mark rights of others.
22. In the event of any infringement such as described in Regulation 21 being discovered, all trade-marks or articles used for making the same shall be confiscated, and any goods or wrappers, packages, or "chops" which cannot be dissociated from the marks they bear shall be destroyed.
23. Chinese or foreigners must pay fees according to the following scale in connection with the registration of their marks and the issue of certificates:
For every copy of a document connected with registered trade-marksHaikuan taels.5 On every application to register a trade-mark30 On registration of a mark and issue of a stamped certificate20 On transfer of or declaration of partnership in a mark25 On renewal of registration2 If above 100 characters, for every additional 100 characters0.50 For inspecting register, every half-hour1 For renewal of certificate if lost10 On reporting any case of fraudulent imitation5 On requesting transfer of ownership rights to next of kin, in the event of death5 On application for reconsideration of a ruling given80 On application to cancel registration...Supplementary Regulations.
24. The above Regulations will come into force on the 15th day of the 9th Moon of the 30th year of Kuang Hsü (23rd October, 1904).
[2156 ce-2]
1
1
2
Inclosure 1 in No. 1.
Provisional Regulations Governing the Registration of Trade-marks,
(Translation.)
1. ALL merchants, Chinese or foreign, wishing to make exclusive use of trade- marks must have them registered in conformity with the following Rules.
The principle underlying the constitution of a trade-mark is that it must, in design, in verbal description, or in whatever form it assumes, possess a distinctive character of its own. All three forms may be employed together or two together or separately.
2. The Board of Commerce will establish an Office, which shall have sole control of matters connected with registration.
The custom-houses at Shanghae and Tien-tsin will be created branch offices of registry, where application for registration may be made, as most convenient to those concerned.
3. All who desire to register trade-marks must send in their applications to the head office or to either of the branch offices.
4. To every application must be appended a Memorandum. This Memorandum, in addition to giving a full description of the mark, must be accompanied by a triplicate copy of the same, must state the kind of goods it is intended to cover, and the classes or sub-classes under which they come. (For classification see below.) In the event of application being made to a branch office, it and the Memorandum must be made out in duplicate.
5. If, on the receipt of an application, the head office finds it to be in order, and if, within a period of six months, no protest against the same shall have been made, registration will be proceeded with,
6. Applications in respect of marks resembling each other, or for the same or similar kinds of goods. will be entertained in order of their presentation. The first comer will have the right to registration. All marks, in respect of which application is made on the same day and at the same time, will be registered.
7. In the case of trade-marks registered abroad, if application for registration be made within a period of four months from the date of original registration the date of original registration will be accepted (as the date from which registration in China shall count).
S. Trade-marks which infringe the following conditions cannot be registered :- (u.) Marks likely to injure young or old, offending against morality, or harbouring an intent to deceive;
(b) Marks embodying symbols or phraseology reserved for Government use, e.g., Imperial or official seals, the national standard or military flags, or devices appropriated for the reward of merit (such as the insignia of an Order) ;
(c.) Marks already registered, and marks resembling, or of the same nature as, marks which for over two years prior to the application for registration have been publicly used in China or have covered a similar class of goods;
(d) Marks in respect of articles which cannot be clearly specified.
9. The period during which Chinese or foreign merchants shall have the exclusive right to a trade-mark is limited to twenty years from the date of regi-
stration.
The period for trade-marks registered abroad which it is desired to register in China shall count from the date of original registration, but in no case must it exceed twenty years.
10. If owners of a trade-mark wish to have their exclusive rights therein continued, they must, within six months prior to the date of expiry, give notice of their intention to renew registration.
11. If an owner of a registered trade-mark wishes to transfer his exclusive rights therein to another, or to give others a share therein, he must at once give notice to the Registration Office and have the fact recorded.
12. If a mark already registered contravenes paragraphs (a), (b), or (d) of Regu- lation 8, the Registrar will have the right to cancel the same.
13. Any one who considers himself injured by the fact that a trade-mark has been registered in contravention of Regulation 6 or Regulation 8 (c) may apply to the Registrar to have registration cancelled, but he must do so within a period of three years from the date of registration.
3
14. The Registrar must state in writing any reasons he may have for refusing
to register a trade-mark,
15. Any reason for objection to the Registrar's ruling under Regulation 14 must be filed within six months from the date of refusal to register. If this be done the decision will be subject to revision.
16. Applicants for registration, or owners of trade-marks not resident in China or residing at a distance from the Registration Office, must appoint some trustworthy agent to act for them.
17. Copies of entries on the register, or permission to inspect the register, may be applied for through the Registration Office or its branches. Those residing at a distance may apply through their agent.
18. The Registrar will publish a "Trade-Marks Gazette" with a list of trade- marks, and of any matters concerning the registration or cancellation of the same.
19. At the instance of the owners of exclusive rights in a trade-mark, suits may be instituted against any who may infringe such rights, and on conviction the latter will be mulcted in damages.
20. Suits for infringement of trade-marks will be conducted as follows:--
(a.) If the defendant be a foreigner, the local authorities will move the Consul concerned to hold a joint investigation and trial;
(b.) If the defendant be a Chinese, the Consul concerned will communicate with the Chinese authorities, and a joint investigation will take place;
(c.) If both plaintiff and defendant are Chinese, or if both are foreigners, the Courts concerned will, in a case of infringement, afford all necessary protection.
21. The under-mentioned offences are punishable with imprisonment up to one year and a fine not exceeding 300 taels, but judgment can only be given in a suit instituted by the party aggrieved:--
(a.) Any attempt to use a similar class of goods or to imitate a registered trade- mark belonging to another party, or to offer the same for sale;
(b.) To imitate a trade-mark or apply it to a similar class of goods, or knowingly to sell such goods or have the same on the premises for purposes of sale;
(c.) To use an imitation of a trade-mark as a "chop," or to employ for purposes of advertisement;
(d) Knowingly to use packages or wrappers bearing the registered trade-mark of others for the same class of goods, or knowingly to offer the same for sale;
(e.) To import goods, being well aware of the fact that they infringe the trade- mark rights of others.
22. In the event of any infringement such as described in Regulation 21 being discovered, all trade-marks or articles used for making the same shall be confiscated, and any goods or wrappers, packages, or
"chops
which cannot be dissociated from the marks they bear shall be destroyed.
23. Chinese or foreigners must pay fees according to the following scale in connection with the registration of their marks and the issue of certificates:----
For every copy of a documer t connected with registered trade-marks
On every application to register a trade-mark
On registration of a mark and issue of a stamped certificate
On transfer of or declaration of partnership in a mark
▼
On renewal of registration
If above 100 characters, for every additional 100 characters
For inspecting register, every half-hour
For renewal of certificate if lost
On reporting any case of fraudulent imitation
Haikuan
taels.
5
30
20
25
2
0.50
1
10
5
5
80
On requesting transfer of ownership rights to next of kin, in the event of
death
5
On application for reconsideration of a ruling given
On application to cancel registration
Supplementary Regulations.
24. The above Regulations will come into force on the 15th day of the 9th Moon
of the 30th year of Kuang Hsti (23rd October, 1904).
[2156 ce-2]
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554
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