[This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[December 9.]
SECTION 2.
Sir,
No. 1.
China Association to Foreign Office.--(Received December 9.)
159, Cannon Street, London, December 7, 1904. AT a meeting of the Committee of this Association held yesterday, the position of the Trade-Marks Regulations in China was discussed, and disappointment was expressed that the enforcement of them had not been definitely postponed for at least six months in order to give time for their thorough revision. In view of the possibility of many valuable trade- marks being registered by wrongful applicants, the Committee would strongly urge upon His Majesty's Government the necessity of postponement until the Board of Trade have completed the amendments which they are now preparing, and until the Chinese Govern- ment have expressed their assent to the amendments.
It is understood that the German Minister in China is urging postponement as well
as His Majesty's Minister, but that the Japanese Minister is not in favour of so doing. It is from the possible action of Japanese merchants in applying for the registration of trade- marks identical with or closely resembling existing trade-marks belonging to British owners that the necessity of effective action to insure postponement exists, and the importance of immediate action is apparent from the fact that the Offices for receiving application for registration were opened on the 23rd October last, and certificates granting the monopoly of the use of the marks applied for may begin to be issued in a few months. If certificates are granted by the Chinese authorities before the British trade-marks are fully represented, the danger of monopoly of use being given to wrongful applicants is greatly increased from the simple fact of want of knowledge of existing trade-marks. by any chance any valuable trade-mark is wrongly registered, the litigation to recover ownership might be very costly.
If
The Committee also desire to indorse the following recommendation, which, they believe, has already been made by the Manchester Chamber of Commerce; "That there was on 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 had secured a quasi-registration in the British list," and this Committee desire that a corresponding treatment of such marks should be recommended to the consideration of the Chinese administration. Some such treatment of established marks is apparently contemplated from the remark of the Commercial Attaché, that "any mark in use prior to the signature of the British Treaty is absolutely protected from imitation on the part of anybody," but the Regulations do not safeguard this construction of them.
With regard to the meeting of merchants at Mr. Jamieson's office on the 4th July to discuss the Regulations, the Committee regret to have had no information of its having taken place, but the inadequacy of such a meeting to amend complicated Regulations such as those now under review is painfully apparent.
The Sub-Committee of the Shanghae Chamber of Commerce will no doubt give valuable suggestions for amendments, and the postponement is insisted on, a workable set of Regulations will doubtless be compiled by the assistance of the Board of Trade and the Patent Office.
I have, &c. (Signed)
JOSEPH WELCH,
Honorary Secretary.
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