CHINA TRADE.
CONFIDENTIAL.
No. 1.
689
[November 1.]
SECTION 1.
China Association to Foreign Office."-(Received November 1.)
159, Cannon Street, E.C.,
Sir,
October 31, 1904.
THE official text of the Regulations for the registration of trade-marks in China having now come to hand, this Association has the honour to submit a few comments thereon, in the hope that they will receive the usual consideration which communications on subjects connected with the interests of traders in China have always enjoyed.
In this case the Regulations were forwarded by the Commercial Attaché to the Shanghae Chamber of Commerce "for their information," and there is no mention of consultation being desired with those whose interests were most concerned to ascertain whether the Regulations would be acceptable and meet the requirements of merchants. The Committee are of opinion that if the course usually adopted had been followed the Chamber of Commerce at Shanghae would have pointed out grave objections to the Regulations as submitted, and would have suggested amendments of great importance. Thus friction would have been avoided by the drafting of Regulations acceptable to both Chinese and foreigners.
The want of a Registry Office had long been felt, and the merchants in Shanghae had already opened a "Record" Office attached to the Chamber of Commerce with the object of trying to prevent colourable imitations of established trade-marks from being used by unscrupulous dealers, Chinese especially. The "Record" Office had no power to enforce compliance with its rules, but it had done good work, and foreign merchants could have a so-called new trade-mark and imitation frequently detected.
It is the desire of merchants of all nationalities to see this temporary expedient superseded by a duly constituted office, which should have the power to suppress the illegal copying of trade-marks, and so afford effective protection to the rightful owners.
The Regulations in their present form are open to strong objections, and unless they are remodelled there is every prospect of the projected office becoming a failure. Merchants will prefer to rely upon the rights already possessed under Treaty rather than register their trade-marks under the new Regulations.
The remedy provided under these is worse than the present evil. Not only is the time allowed before enforcing the Regulations wholly inadequate, and the fees to be charged exorbitant, but the Regulations themselves are vicious.
The first clause states that registration shall be compulsory if the right to the exclusive use of a trade-mark in China is desired.
The sixth clause states that the first applicant to register is to receive priority, apparently with little inquiry into the history and real merits of the application. It becomes possible under it for an unscrupulous person to register a trade-mark and to wait his time. If the fraud is not discovered for three years he becomes the acknowledged owner of the mark, notwithstanding that the real owner may have had it in use for half-a-century or more.
The ninth clause limits the period for exclusive right to a trade-mark to twenty years, and the twenty years are to date from the original registration abroad.
The accompanying opinion by Messrs. Wilson, Bristows, and Carpmael points out the defects in the Regulations, and their opinion is considered by the Committee to be worth attention.
The necessity for great circumspection when adopting Regulations for the registration of trade-marks has been impressed on this Committee by the knowledge of certain cases which followed the initiation of trade-mark registration in Japan. In more than one well-known instance consignees of goods registered trade-marks as being their property, and compelled the real owners to pay them compensation on consignments sent later to other firms under the same mark.
* Query already printed.
† Not printed.
CHINA TRADE.
CONFIDENTIAL.
AS PANA Fas Bubio plast a
No. 1.
689
[November 1.]
SECTION 1.
China Association to Foreign Office."-(Received November 1.)
159, Cannon Street, B.C., Sir,
October 31, 1904. THE official text of the Regulations for the registration of trade-marks in China having now come to hand, this Association has the honour to submit a few comments then, in the hope that they will receive the usual consideration which com- munications on subjects connected with the interests of traders in China have always enjoyed.
any
In this case the Regulations were forwarded by the Commercial Attaché to the Shanghae Chamber of Commerce "for their information," and there is no mention of consultation being desired with those whose interests were most concerned to ascertain whether the Regulations would be acceptable and meet the requirements of merchants. The Committee are of opinion that if the course usually adopted had been followed the Chamber of Commerce at Shanghae would have pointed out grave objections to the Regulations as submitted, and would have suggested amendments of great importance. Thus friction would have been avoided by the drafting of Regulations acceptable to both Chinese and foreigners.
The want of a Registry Office had long been felt, and the merchants in Shanghae had already opened a "Record" Office attached to the Chamber of Commerce with the cbject of trying to prevent colourable imitations of established trade-marks from being used by unscrupulous dealers, Chinese especially. The "Record" Office had no power to enforce compliance with its rules, but it had done good work, and foreig merchants could have a so-called new trade musk
and imitation frequently detected.
It is the desire of merchants of all nationalitres vo see this temporary expedient superseded by a duly constituted office, which should have the power to suppress the illegal copying of trade-marks, and so afford effective protection to the rightful owners.
The Regulations in their present form are open to strong objections, and unless they are remodelled there is every prospect of the projected office becoming a failure. Merchants will prefer to rely upon the rights already possessed under Treaty rather than register their trade-marks under the new Regulations.
The remedy provided under these is worse than the present evil. Not only is the time allowed before enforcing the Regulations wholly inadequate, and the fees to be charged exorbitant, but the Regulations themselves are vicious.
The first clause states that registration shall be compulsory if the right to the exclusive use of a trade-mark in China is desired.
The sixth clause states that the first applicant to register is to receive priority, apparently with little inquiry into the history and real merits of the application. It becomes possible under it for an unscrupulous person to register a trade-mark and to wait bis time. If the fraud is not discovered for three years he becomes the acknowledged owner of the mark, notwithstanding that the real owner may have had it in use for half-a-century or more.
The ninth clause limits the period for exclusive right to a trade-mark to twenty years, and the twenty years are to date from the original registration abroad.
The accompanying opinion by Messrs. Wilson, Bristows, and Carpmaclt points out the defects in the Regulations, and their opinion is considered by the Committee to be worth attention.
The necessity for great circumspection when adopting Regulations for the registration of trade-marks has been impressed on this Committee by the knowledge of certain cases which followed the initiation of trade-mark registration in Japan. In more than one well-known instance consignees of goods registered trade-marks as being their property, and compelled the real owners to pay them compensation on con- Another and even stronger guments sent later to other firms under the same mark.
* Query already printed.
[2236 a-1]
† Not printed.
No comments yet.
Private notes are available after approval.