CO129-326 - Foreign Office - 1904 — Page 583

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This Document is the Property of His Britannic Majesty's Government.]

CHINA TRADE.

CONFIDENTIAL.

C.O.

580

36070

September 28.1

SECTION 2.

thee

4.FF.

No. 1.

- 20 OCT 04

British-American Tobacco Company to the Marquess of Lansdowne.~(Received September 28.)

Cecil Chambers, Strand, London, September 28, 1904.

My Lord,

I HAVE recently had an opportunity of reading a translation of the proposed Regulations governing registrations of trade-marks in China, and I beg to point out what I consider a serious defect with the view of, I hope, your Lordship obtaining a rectification thereof.

The Rules apparently, in the case of a foreigner, contemplate a prior registration in his own country of the marks he desires to register. Now, I may say that in the tobacco trade, and many other businesses, there are numerous brands or marks which, for various reasons, are not capable of registration in England, but the proprietors are amply protected by user.

If the brands or marks belonging to British subjects not capable of registration here are incapable of protection in China, it leaves the door open for registration by Chinese subjects of the marks, and probable stoppage of the business in that country by a British subject in goods bearing those marks or brands, although they may have been sold in China for many years past by British subjects.

I may say that subjects of many foreign countries may register in this country without the necessity of prior registration in their own countries.

I trust your Lordship may see your way to make such representations as will effect the desired alteration in the Regulations.

I have, &c. (Signed) JOSEPH HOOD.

[2156 ee-2]

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This Document is the Property of His Britannic Majesty's Government.] CHINA TRADE. CONFIDENTIAL. C.O. 580 36070 September 28.1 SECTION 2. thee 4.FF. No. 1. - 20 OCT 04 British-American Tobacco Company to the Marquess of Lansdowne.~(Received September 28.) Cecil Chambers, Strand, London, September 28, 1904. My Lord, I HAVE recently had an opportunity of reading a translation of the proposed Regulations governing registrations of trade-marks in China, and I beg to point out what I consider a serious defect with the view of, I hope, your Lordship obtaining a rectification thereof. The Rules apparently, in the case of a foreigner, contemplate a prior registration in his own country of the marks he desires to register. Now, I may say that in the tobacco trade, and many other businesses, there are numerous brands or marks which, for various reasons, are not capable of registration in England, but the proprietors are amply protected by user. If the brands or marks belonging to British subjects not capable of registration here are incapable of protection in China, it leaves the door open for registration by Chinese subjects of the marks, and probable stoppage of the business in that country by a British subject in goods bearing those marks or brands, although they may have been sold in China for many years past by British subjects. I may say that subjects of many foreign countries may register in this country without the necessity of prior registration in their own countries. I trust your Lordship may see your way to make such representations as will effect the desired alteration in the Regulations. I have, &c. (Signed) JOSEPH HOOD. 3 [2156 ee-2]

Baseline (Original)

This Document is the Property of His Britannic Majesty's Government.] CHINA TRADE. CONFIDENTIAL. C. O 580 36070 September 28.1 SECTION 2. thee 4.FF. No. 1. - 20 OCT 04 British-American Tobacco Company to the Marquess of Lansdowne.~(Received September 28.) Cecil Chambers, Strand, London, September 28, 1904. My Lord, I HAVE recently had an opportunity of reading a translation of the proposed Regulations governing registrations of trade-marks in China, and I beg to point out what I consider a serious defect with the view of, I hope, your Lordship obtaining a rectification thereof. The Rules apparently, in the case of a foreigner, contemplate a prior registration in his own country of the marks he desires to register. Now, I may say that in the tobacco trade, and many other businesses, there are numerous brands or marks which, for various reasons, are not capable of registration in England, but the proprietors are amply protected by user. If the brands or marks belonging to British subjects not capable of registration here are incapable of protection in China, it leaves the door open for registration by Chinese subjects of the marks, and probable stoppage of the business in that country by a British subject in goods bearing those marks or brands, although they may have been sold in China for many years past by British subjects. I may say that subjects of many foreign countries may register in this country without the necessity of prior registration in their own countries. I trust your Lordship may see your way to make such representations as will effect the desired alteration in the Regulations. I have, &c. (Signed) JOSEPH HOOD. 3 [2156 ee-2]

2026-06-02 06:51:41 · Baseline

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