This Document is the Property of His Britannic Majesty's Government.
C.O.
582
CHINA TRADE.
CONFIDENTIAL
36070
(October 10.)
IP- 20 OCT 04
SECTION
No. 1.
Sir,
Foreign Office to Board of Trade.
Foreign Office, October 10, 1904.
WITH reference to the letter from this Office of the 12th ultimo, I am directed by the Marquess of Lansdowne to transmit to you, herewith, to be laid before the Board of Trade, a copy of a despatch, as marked in margin,* which has been received from His Majesty's Minister at Peking, inclosing a translation of the Provisional Regulations for the registration of trade-marks in China, together with a copy of a despatch from the Commercial Attaché of His Majesty's Legation, containing certain comments thereon. The Regulations were published at Shanghae on the 12th ultimo. The circumstances in which they have attained their present form are explained in Sir E. Satow's despatch, and the Board will observe that they are to come into force on the 23rd instant.
On the 27th ultimo the German Chargé d'Affaires called at this Office, and stated that his Government, having regard to a number of points which, in their opinion, required elucidation, considered a postponement of the date most desirable, and had accordingly instructed the German Minister at Peking to approach the Chinese Government with that object. Count Bernstorff added that he understood that American and British merchants were likewise in favour of a postponement. A telegram was thereupon dispatched to Sir E. Satow, inquiring whether he was able to confirm the latter statement, and his reply was received on the 1st instant in a telegram, a copy of which is inclosed.†
It will be noticed that the Chamber of Commerce at Shanghae, supported by the China, American, and German Associations, desire to have the introduction of the Regulations postponed for six months from the 23rd instant, on the ground that the date fixed does not allow time for a full consideration of the issues involved. Details of the objections urged at a meeting of the principal firms at Shanghae interested in the matter are contained in the above-mentioned telegram.
In the meantime letters, copies of which are also transmitted, have been received from the British-American Tobacco Company and the Trade-mark Owners' Mutual Protection Association, expressing dissatisfaction with certain of the Regulations. The principal complaint is against the apparent necessity for a British owner to produce evidence of registration of a mark in Great Britain before registration in China will be entertained. In this connection I am to invite the attention of the Board to Regulations 7 and 26, which, read in conjunction with the detailed Rules 9 and 21, might be held to be liable to the construction put upon them by the Trade-mark Owners' Association, though there does not appear otherwise to be anything in the provisions aimed at excluding marks which have not already been registered abroad.
Lord Lansdowne would be glad if the Board of Trade would take these proposals into their consideration, and favour him with any observations which they may have to offer with a view to the insertion of alterations or additions which it may be found possible to introduce later.
Meanwhile I am to inquire whether, in view of the tenor of Sir E. Satow's telegram, the Board consider it advisable that instructions should be at once sent to him by telegraph to join his German colleague in urging the Chinese Government to defer bringing the Regulations into operation on the 23rd instant.
I am to request that you will call the attention of the Board to the concluding paragraph in Sir E. Satow's despatch, proposing that the translation should be printed at once in readiness for circulation in this country, and I am to suggest that, should...
* Sir E. Satow, No. 286, August 8, 1904,
† Sir E. Satow, No. 212, Telegraphic, October 1, 1904.
‡ British American Tobacco Company, September 28; Trade-mark Owners' Mutual Protection Association, October 1904.
[2206 k-1]
This Document is the Property of His Britannic Majesty's Government.j
C.O
582
CHINA TRADE.
CONFIDENTIAL
36070
(October 10.]
IP- 20 OCT 04
SECTION
No. 1.
:
Sir,
Foreign Office to Bourd of Trade.
Foreign Office, October 10, 1904. WITH reference to the letter from this Office of the 12th ultimo, I am directed by the Marquess of Lansdowne to transmit to you. herewith, to be laid before the Board of Trade, a copy of a despatch, as marked in margin,* which has been received from His Majesty's Minister at Peking, inclosing a translation of the Provisional Regu- lations for the registration of trade-marks in China, together with a copy of a despatch from the Commercial Attaché of His Majesty's Legation, containing certain comments thereon. The Regulations were published at Shanghae on the 12th ultimo. The circumstances in which they have attained their present form are explained in Sir E. Satow's despatch, and the Board will observe that they are to come into force on the 23rd instant.
On the 27th ultimo the German Chargé d'Affaires called at this Office, and stated. that his Government, baving regard to a number of points which, in their opinion, required elucidation, considered a postponement of the date most desirable, and had accordingly instructed the German Minister at Peking to approach the Chinese Government with that object. Count Bernstorff added that he understood that American and British merchants were likewise in favour of a postponement. A telegram was thereupon dispatched to Sir. E. Satow, inquiring whether he was able to confirm the latter statement. and his reply was received on the 1st instant in a telegrain, a copy of which is inclused.†
It will be noticed that the Chamber of Commerce at Shanghae, supported by the China, American, and German Associations, desire to have the introduction of the Regulations postponed for six months from the 23rd instant, on the ground that the date fixed does not allow time for a full consideration of the issues involved. Details of the objections urged at a meeting of the principal firms at Shanghae interested in the matter are contained in the above-mentioned telegram.
In the meantime letters, copies of which are also transmitted, have been received from the British-American Tobacco Company and the Trade-mark Owners' Mutual Protection Association, expressing dissatisfaction with certain of the Regulations. The principal complaint is against the apparent necessity for a British owner to produce evidence of registration of a mark in Great Britain before registration in China will be entertained. In this connection I am to invite the attention of the Board to Regulations 7 and 26, which, read in conjunction with the detailed Rules 9 and 21, might be held to be liable to the construction put upon them by the Trade- mark Owners' Association, though there does not appear otherwise to be anything in the provisions aimed at excluding marks which have not already been registered abroad.
Lord Lansdowne would be glad if the Board of Trade would take these proposals into their consideration, and favour him with any observations which they may have to offer with a view to the insertion of alterations or additions which it may be found possible to introduce later.
冷
Meanwhile I am to inquire whether, in view of the tenour of Sir E. Satow's telegram, the Board consider it advisable that instructions should be at once sent to him by telegraph to join his German colleague in urging the Chinese Government to defer bringing the Regulations into operation on the 23rd instant.
I am to request that you will call the attention of the Board to the concluding paragraph in Sir E. Satow's despatch, proposing that the translation should be printed at once in readiness for circulation in this country, and I am to suggest that, should
* Sir E. Satow, No, 286, August 8, 1904,
Sir E. Satow, No. 212, Telegraphic, October 1, 1904.
† British American Tobacco Company, September 28; Trade-mark Owners' Mutual Protection Association, October 1904.
[2206 k-1]
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