[This Document is the Property of His Britannic Majesty's Government]
CHINA TRADE.
CONFIDENTIAL.
C. O.
56827
[October 5.]
RE 26 ULT SECTION 2.
No. 1.
Trade Mark Owners' Mutual Protection Association to the Marquess of Lansdowne.---- (Received October 5.)
31-34, Basinghall Street, London [undated].
My Lord,
I DESIRE to bring to your Lordship's notice certain of the Regulations for the registration of trade-marks which have recently appeared advertised in the Shanghae press.
Although a number of the Regulations are open to criticism, I propose to limit my observations to the following points:
* 1. The high fees payable for registration.
* 2. The absence of any provision for opposing the registration of a trade-mark on the ground of prior right, except when the objecting party is already registered in China.
* 3. The apparent necessity for a British owner to produce evidence of registration in Great Britain before registration in China will be entertained.
With regard to point No. 1, I have only to observe that the fees charged for application and registration (35 taels) are considerably higher than the fees charged in many countries, and are higher than those exacted in Japan.
With regard to point No. 2, I desire to point out that the most common form of objection is by a proprietor who has not registered, but whose trade-mark is sought to be registered by another. Article 13 only recognizes the right of a registered owner to object, and equitable owners are thereby excluded.
With regard to point No 3, the language of the translated copy is ambiguous, but the only interpretation which I am able to put upon Articles 7 and 26 read in conjunction with Regulations 9 and 21 and the forms appended thereto, is that a foreign owner must produce a certificate that he is registered in his own country before registration in China will be allowed. This will place many British trade-mark owners in a very serious difficulty. Many hundreds of trade-marks of great value in the Chinese trade and suitable only for the Chinese market are not registered, and cannot for a variety of reasons be registered in Great Britain under the present Trade-Marks laws. In this respect, British trade-mark owners are at a serious disadvantage compared with the subjects of other countries where similar restrictions on the registration of trade-marks do not exist. I would remind your Lordship that no such condition is imposed upon a foreigner applying to register a trade-mark in Great Britain.
In the interest of the many large trade-mark owners who are members of this Association I respectfully suggest to your Lordship that an effort should be made to obtain a modification of this latter stipulation so as to admit trade-marks of foreigners, even if not registered in the country of origin, with suitable provision enabling British owners to oppose applications which may be made for registration in China of trade-marks conflicting with their rights, whether such rights are based upon registration in China, or user without registration.
I am informed by cable from Shanghae that the Regulations are announced to come into force on the 23rd instant. If this is the case, the time allowed to British subjects is obviously insufficient, and I respectfully ask your Lordship to endeavour to obtain a postponement of the date appointed for the opening of the Bureau of Registration.
I have, &c.
(Signed)
N. FORDHAM, Secretary.
[2206 e---2]
610
[This Document is the Property of His Britannic Majesty's Governo dall
CHINA TRADE.
CONFIDENTIAL.
C. O.
56827
[October 5.]
RE 26 ULT SECTION 2.
No. 1.
Trade Mork Owners' Mutual Protection Association to the Marquess of Lansdowne.---- (Received October 5.)
31-34, Basinghall Street, London [undated].
My Lord,
I DESIRE to bring to your Lordship's notice certain of the Regulations for the registration of trade-marks which have recently appeared advertised in the Shanghae press.
Although a number of the Regulations are open to criticism, I propose to limit my observations to the following points:
*
1. The high fees payable for registration.
2. The absence of any provision for opposing the registration of a trade-mark
on the ground of prior right, except when the objecting party is already registered in China.
3. The apparent necessity for a British owner to produce evidence of registration
in Great Britain before registration in China will be entertained.
With regard to point No. 1, I have only to observe that the fees charged for application and registration (35 taels) are considerably higher than the fees charged in many countries, and are higher than those exacted in Japan.
With regard to point No. 2, I desire to point out that the most common form of objection is by a proprietor who has not registered, but whose trade-mark is sought to be registered by another. Article 13 only recognizes the right of a registered owner to object, and equitable owners are thereby excluded.
With regard to point No 3, the language of the translated copy is ambiguous, but the only interpretation which I am able to put upon Articles 7 and 26 read in conjunction with Regulations 9 and 21 and the forms appended thereto, is that a foreign owner must produce a certificate that he is registered in his own country before registration in China will be allowed. This will place many British trade- mark owners in a very serious difficulty. any hundreds of trade-marks of great value in the Chinese trade and suitable only for the Chinese market are not registered, and cannot for a variety of reasons be registered in Great Britain under the present Trade-Marks laws. In this respect, British trade-mark owners are at a serious disadvantage compared with the subjects of other countries where similar restrictions on the registration of trade-marks do not exist. I would remind your Lordship that no such condition is imposed upon a foreigner applying to register a trade-mark in Great Britain.
In the interest of the many large trade-mark owners who are members of this Association I respectfully suggest to your Lordship that an effort should be made to obtain a modification of this latter stipulation so as to admit trade-marks of foreigners, even if not registered in the country of origin, with suitable provision enabling British owners to oppose applications which may be made for registration in China of trade-marks conflicting with their rights, whether such rights are based upon registration in China, or user without registration.
I am informed by cable from Shanghae that the Regulations are announced to come into force on the 23rd instant. If this is the case, the time allowed to British subjects is obviously insufficient, and 1 respectfully ask your Lordship to endeavour to obtain a postponement of the date appointed for the opening of the Bureau of Registration.
I have, &c.
(Signed)
N. FORDHAM, Secretary.
[2206 e---2]
610
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