CO129-326 - Foreign Office - 1904 — Page 707

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

C.0

40153

CHINA TRADE.

3

CONFIDENTIAL.

No. 1

[November 15.]

SECTION 1

& 26 NOV C

703

Manchester Chamber of Commerce to the Marquess of Lansdowne.~(Received November 15.)

Manchester, November 12, 1904.

My Lord,

I AM desired by the President of this Chamber to thank you for your letter of the 22nd ultimo, informing the Chamber that His Majesty's Minister at Peking had, in accordance with your instructions, urged the Chinese Government to grant a further time of six months for the consideration of the China Trade Marks Provisional Regulations. I am further requested respectfully to express the thanks of the President for your Lordship's action in the matter.

It is to be regretted, however, that no authoritative statement has been made by the Chinese Government that the desired extension of time has been granted. The consequent anxiety on the subject on the part of owners of trade marks cannot be said to be allayed. Alluding to this question, the "London China Telegraph," in its issue of the 31st October, states that "the postponement of the new Regulations regarding the registration of trade marks for six months has given general satisfaction to the foreign mercantile community. Notwithstanding the intimation, both the Chinese and the Commissioner at Tien-tsin are without information, and registration is therefore proceeding at the local office."

A Peking telegram, appearing in the newspapers of the 1st November, states that the Board of Commerce has failed to give the necessary orders for the postponement of the enforcement of the Regulations.

It would appear, therefore, that the promised delay of six months has not been made effective, and your Lordship will see that there is grave cause for the disquietude which is manifested.

A careful examination, made on behalf of the Board of Directors, of the Regulations provisionally adopted shows that many of them must prove detrimental to the users of trade marks in China.

A second point against the immediate enforcement of the Provisional Regulations is that, since they are to be revised after the compilation at some future time of the China Trade Marks Code, it is extremely advisable that the Chinese Government should, at the outset, set forth clearly the fundamental principles of this Code. Otherwise registration of marks may be granted now which may ultimately be found to conflict with the provisions of the Code, the consequences being loss of time and much friction and litigation.

In the third place, I am desired to say that in view of the great preponderance of trade marks used for the textile classes over those of all other trades, it is important that merchants should have before them the scheme of classification of trade articles proposed to be adopted. It is not less important that it should be clearly stated by the Administration, or on behalf of the Chinese authorities who are to administer the Code and Regulations, that it is their intention first of all to call in, and deal with, all marks which have hitherto been used in all trades in China, and that the length of time such marks have been used in that country is to be stated and considered; and that only until such marks have been dealt with by the Chinese Administration will the Provisional Regulations now issued applications for new marks be proceeded with. Precedence is properly proposed to be given, under Treaty Agreements, to marks which have been the subject of registration in non-Chinese countries. This is a most useful provision, but in this connection attention must be called to the fact that there is in the B list of the cotton classes in the British Register of Trade Marks a large and most valuable class of old marks in use prior to the passing of the British Patents and Trade Marks Act of the 13th August, 1875, which marks have secured a quasi-registration in the British list, and the Board desires that a corresponding treatment of such marks should be recommended to the consideration of the Chinese Administration.

For these reasons, the Board of Directors desire me respectfully to ask that your Lordship will ascertain the exact position of affairs, and, if needful, again urge the

[2236 p-1]

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(This Document is the Property of His Britannic Majesty's Government.) C.0 40153 CHINA TRADE. 3 CONFIDENTIAL. No. 1 [November 15.] SECTION 1 & 26 NOV C 703 Manchester Chamber of Commerce to the Marquess of Lansdowne.~(Received November 15.) Manchester, November 12, 1904. My Lord, I AM desired by the President of this Chamber to thank you for your letter of the 22nd ultimo, informing the Chamber that His Majesty's Minister at Peking had, in accordance with your instructions, urged the Chinese Government to grant a further time of six months for the consideration of the China Trade Marks Provisional Regulations. I am further requested respectfully to express the thanks of the President for your Lordship's action in the matter. It is to be regretted, however, that no authoritative statement has been made by the Chinese Government that the desired extension of time has been granted. The consequent anxiety on the subject on the part of owners of trade marks cannot be said to be allayed. Alluding to this question, the "London China Telegraph," in its issue of the 31st October, states that "the postponement of the new Regulations regarding the registration of trade marks for six months has given general satisfaction to the foreign mercantile community. Notwithstanding the intimation, both the Chinese and the Commissioner at Tien-tsin are without information, and registration is therefore proceeding at the local office." A Peking telegram, appearing in the newspapers of the 1st November, states that the Board of Commerce has failed to give the necessary orders for the postponement of the enforcement of the Regulations. It would appear, therefore, that the promised delay of six months has not been made effective, and your Lordship will see that there is grave cause for the disquietude which is manifested. A careful examination, made on behalf of the Board of Directors, of the Regulations provisionally adopted shows that many of them must prove detrimental to the users of trade marks in China. A second point against the immediate enforcement of the Provisional Regulations is that, since they are to be revised after the compilation at some future time of the China Trade Marks Code, it is extremely advisable that the Chinese Government should, at the outset, set forth clearly the fundamental principles of this Code. Otherwise registration of marks may be granted now which may ultimately be found to conflict with the provisions of the Code, the consequences being loss of time and much friction and litigation. In the third place, I am desired to say that in view of the great preponderance of trade marks used for the textile classes over those of all other trades, it is important that merchants should have before them the scheme of classification of trade articles proposed to be adopted. It is not less important that it should be clearly stated by the Administration, or on behalf of the Chinese authorities who are to administer the Code and Regulations, that it is their intention first of all to call in, and deal with, all marks which have hitherto been used in all trades in China, and that the length of time such marks have been used in that country is to be stated and considered; and that only until such marks have been dealt with by the Chinese Administration will the Provisional Regulations now issued applications for new marks be proceeded with. Precedence is properly proposed to be given, under Treaty Agreements, to marks which have been the subject of registration in non-Chinese countries. This is a most useful provision, but in this connection attention must be called to the fact that there is in the B list of the cotton classes in the British Register of Trade Marks a large and most valuable class of old marks in use prior to the passing of the British Patents and Trade Marks Act of the 13th August, 1875, which marks have secured a quasi-registration in the British list, and the Board desires that a corresponding treatment of such marks should be recommended to the consideration of the Chinese Administration. For these reasons, the Board of Directors desire me respectfully to ask that your Lordship will ascertain the exact position of affairs, and, if needful, again urge the [2236 p-1]
Baseline (Original)
(This Document is the Property of His Britannic Majesty's Government.] C.0 40153 CHINA TRADE. 3 CONFIDENTIAL.. No. 1 [November 15.] SECTION 1 & 26 NOV C 703 Manchester Chamber of Commerce to the Marquess of Lansdowne.~(Received November 15.) Manchester, November 12, 1904. My Lord, I AM desired by the President of this Chamber to thank you for your letter of the 22nd ultimo, informing the Chamber that His Majesty's Minister at Peking had, in accordance with your instructions, urged the Chinese Government to grant a further time of six months for the consideration of the China Trade Marks Provisional Regulations. I am further requested respectfully to express the thanks of the President for your Lordship's action in the matter. It is to be regretted, however, that no authoritative statement has been made by the Chinese Government that the desired extension of time has been granted. The consequent anxiety on the subject on the part of owners of trade marks cannot be said to be allayed. Alluding to this question, the "London China Telegraph," in its issue of the 31st October, states that "the postponement of the new Regulations regarding the registration of trade marks for six months has given general satisfaction to the foreign mercantile community. Notwithstanding the intimation, both the Chinese and the Commissioner at Tien-tsin are without information, and registration is therefore proceeding at the local office." A Peking telegram, appearing in the newspapers of the 1st November, states that the Board of Commerce has failed to give the necessary orders for the postponement of the enforcement of the Regulations. It would appear, therefore, that the promised delay of six months has not been made effective, and your Lordship will see that there is grave cause for the disquietude which is manifested. A careful examination, made on behalf of the Board of Directors, of the Regu- lations provisionally adopted shows that many of them must prove detrimental to the users of trade marks in China, A second point against the immediate enforcement of the Provisional Regulations is that, since they are to be revised after the compilation at some future time of the China Trade Marks Code, it is extremely advisable that the Chinese Government should, at the outset, set forth clearly the fundamental principles of this Code. Otherwise registration of marks may be granted now which may ultimately be found to conflict with the provisions of the Code, the consequences being loss of time and much friction and litigation. In the third place, I am desired to say that in view of the great preponderance of trade marks used for the textile classes over those of all other trades, it is important that merchants should have before them the scheme of classification of trade articles proposed to be adopted. It is not less important that it should be clearly stated by the Administration, or on behalf of the Chinese authorities who are to administer the Code and Regulations, that it is their intention first of all to call in, and deal with, all marks which have hitherto been used in all trades in China, and that the length of time such marks have been used in that country is to be stated and considered; and that only until such marks have been dealt with by the Chinese Administration will In the Provisional Regulations now applications for new marks be proceeded with. issued, precedence is properly proposed to be given, under Treaty Agreements, to marks which have been the subject of registration in non-Chinese countries. This is a most useful provision, but in this connection attention must be called to the fact that there is in the B list of the cotton classes in the British Register of Trade Marks a large and most valuable class of old marks in use prior to the passing of the British Patents and Trade Marks Act of the 13th August, 1875, which marks have secured a quasi-registration in the British list, and the Board desires that a corresponding treat- ment of such marks should be recommended to the consideration of the Chinese Administration. For these reasons, the Board of Directors desire me respectfully to ask that your Lordship will ascertain the exact position of affairs, and, if needful, again urge the [2236 p-1]
2026-06-02 07:27:48 · Baseline
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(This Document is the Property of His Britannic Majesty's Government.]

C.0

40153

CHINA TRADE.

3

CONFIDENTIAL..

No. 1

[November 15.]

SECTION 1

& 26 NOV C

703

Manchester Chamber of Commerce to the Marquess of Lansdowne.~(Received November 15.)

Manchester, November 12, 1904. My Lord,

I AM desired by the President of this Chamber to thank you for your letter of the 22nd ultimo, informing the Chamber that His Majesty's Minister at Peking had, in accordance with your instructions, urged the Chinese Government to grant a further time of six months for the consideration of the China Trade Marks Provisional Regulations. I am further requested respectfully to express the thanks of the President for your Lordship's action in the matter.

It is to be regretted, however, that no authoritative statement has been made by the Chinese Government that the desired extension of time has been granted. The consequent anxiety on the subject on the part of owners of trade marks cannot be said to be allayed. Alluding to this question, the "London China Telegraph," in its issue of the 31st October, states that "the postponement of the new Regulations regarding the registration of trade marks for six months has given general satisfaction to the foreign mercantile community. Notwithstanding the intimation, both the Chinese and the Commissioner at Tien-tsin are without information, and registration is therefore proceeding at the local office."

A Peking telegram, appearing in the newspapers of the 1st November, states that the Board of Commerce has failed to give the necessary orders for the postponement of the enforcement of the Regulations.

It would appear, therefore, that the promised delay of six months has not been made effective, and your Lordship will see that there is grave cause for the disquietude which is manifested.

A careful examination, made on behalf of the Board of Directors, of the Regu- lations provisionally adopted shows that many of them must prove detrimental to the users of trade marks in China,

A second point against the immediate enforcement of the Provisional Regulations is that, since they are to be revised after the compilation at some future time of the China Trade Marks Code, it is extremely advisable that the Chinese Government should, at the outset, set forth clearly the fundamental principles of this Code. Otherwise registration of marks may be granted now which may ultimately be found to conflict with the provisions of the Code, the consequences being loss of time and much friction and litigation.

In the third place, I am desired to say that in view of the great preponderance of trade marks used for the textile classes over those of all other trades, it is important that merchants should have before them the scheme of classification of trade articles proposed to be adopted. It is not less important that it should be clearly stated by the Administration, or on behalf of the Chinese authorities who are to administer the Code and Regulations, that it is their intention first of all to call in, and deal with, all marks which have hitherto been used in all trades in China, and that the length of time such marks have been used in that country is to be stated and considered; and that only until such marks have been dealt with by the Chinese Administration will In the Provisional Regulations now applications for new marks be proceeded with. issued, precedence is properly proposed to be given, under Treaty Agreements, to marks which have been the subject of registration in non-Chinese countries. This is a most useful provision, but in this connection attention must be called to the fact that there is in the B list of the cotton classes in the British Register of Trade Marks a large and most valuable class of old marks in use prior to the passing of the British Patents and Trade Marks Act of the 13th August, 1875, which marks have secured a quasi-registration in the British list, and the Board desires that a corresponding treat- ment of such marks should be recommended to the consideration of the Chinese Administration.

For these reasons, the Board of Directors desire me respectfully to ask that your Lordship will ascertain the exact position of affairs, and, if needful, again urge the

[2236 p-1]

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