CO129-331 - Public Offices - 1905 — Page 267

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Art. 16. When the applicant or the owner of a trade-mark does not reside in China, or when he resides at a distance from the Registration Office, he may appoint an agent and let it be known that the latter is his proxy and representative,

Art. 17. Any one wishing either to copy documents of registration of trade-marks, or to examine and consult the same, may make application at the Registration Office. If the person concerned resides at too great a distance from the Registration Office, he may present the application by proxy.

"Trade-Marks Gazette," in which Art. 18. The Registration Office shall publish a shall be inserted and made public all notifications regarding the registration or cancel. lation of trade-marks.

The issue of the "Gazette shall include :-

Name and address of the applicant ;

Class or classes of goods for which registration or entry in the special list is requested;

Representation of the mark (except applications for entry in the special list]; Other necessary details according to the case, that is to say, according as the application is for registration or for entry in special list, for transfer of ownership of a mark, or delivery of a certificate.

The "Gazette" will be published in Roman letters and in a European language. Art. 19. Any owner of a trade-mark may, if he has been injured in his rights of exclusive use, present a complaint. Ou proof of the fact the offender must compensate the injured party.

Art. 20. Suits for infringement of trade-marks will be conducted as follows:-

(a.) If the defendant be a foreigner and the plaintiff a Chinese, the Registration Office will make application to the defendant's Consul and to the Chinese authorities that the case may be judged in accordance with the Treaties.

(b.) If the defendant be a Chinese and the plaintiff a foreigner, the Office will apply to the plaintiff's Consul and to the Chinese authorities in order that a joint investigation may be held.

(c.) If both the plaintiff and defendant are Chinese, or if both are foreigners, the Courts concerned will, in the case of infringement, afford all necessary protection.

Art. 21. The penalties incurred for the offences enumerated in this Article will be those provided by the law of the defendant, and these punishments cannot be inflicted except after the deposition of a complaint by the injured party.

If the defendant is a Chinese, and as up to the present time there are no such penalties provided by Chinese law, offenders will be punishable with imprisonment up to one year and a fine not exceeding 300 taels.

In the cases enumerated below, the marks already made and the apparatus used in their fabrication will be confiscated, and any goods, wrappers, packages, or advertise- ments which cannot be dissociated from the trade-mark will be destroyed.

1. To imitate with intent to use for goods of the same class a mark already registered by a third party, or sale of the said goods.

2. Imitation and use of a trade-mark applied to goods of the same class; to knowingly sell such goods or to have them in possession with a view to sale.

3. To use an imitated trade-mark as advertisement or public announcement by means of the press or otherwise.

4. To use for the reception of goods of the same class packages, wrappers, or receptacles, such as chests, boxes, bottles, jugs, &c., knowing that these receptacles or packages bear a registered trade-mark belonging to another person, or knowingly to sell goods of this kind.

5. Intentional importation into the different ports of goods knowing them to be an infringement of a trade-mark registered by a third party.

6. Imitation or reproduction of a deposited mark, if the imitation or reproduction thereof is of a nature to deceive the consumer.

Art. 22. No one can in any case be prosecuted who can prove that he or his commercial predecessors first made bond-fide use in any country whatsoever of the same mark before the registration which, in China, may be opposed to him, and continues to loyally use the same.

(See comments herewith).

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Art. 23. Scale of fees for the registration of trade-marks:--

Fee.

Haik wan

Tuels.

1. Application fee

5.00

2. Registration and issue of certificate

10.00

3. Transfer of rights in cases where registration is required (Article

5.00

4. Renewal of registration

10:00

5. Copy of record of registration

2.00

Every additional 100 characters

0.50

6. Consulting register per hour or fraction of hour

1.00

5.00

5-00

10.00

5.00 10.00

> * {}}

7. Renewal of lost certificate

8. Filing complaint of infringement (Articles 20, 21)

9. Lodging appeal

10. Application for cancellation-

(a.) By owner

(b) Be third party

11. Transfer of certificate to heirs

The fees enumerated under items 8, 9, 10 (4) must be paid by the party who is found to have been in fault.

If application has been made for entry of a mark on which there exists a right of priority (Article 26), the fee due for the application must only be paid if registration is refused. [If application has been made for the registration of a mark which, for valid

any cannot be registered, no fee other than the fee on application need be paid.]

reason,

If several marks of this kind are entered for the same owner he must pay a fee

of 10 Haikwan taels for the first mark, and 5 Haikwan taels for each succeeding mark.

In case an application for entry or for registration or for renewal of registration is made for a mark intended to be used on several classes of goods, one tael must be paid for the application for each new class of goods and 5 taels for registration or renewal of registration.

(See comments herewith.)

Art. 24. The present Regulations will come into force one year after their publica- tion in the "Peking Gazette.'

Art. 25. All applications for registration made through the proper Chinese authorities before the recent Regulations come into force will be considered as having been made on the day when the Regulations do come into force.

29th

Art. 26. Right of priority will be accorded to the following marks :---

(a.) Those which were registered abroad before the first day of the first month of the year of Kuany-Hşü and have since been hond fide used in China.

((b.) Those which are not registered abroad, but for which a firm can prove to have claimed rights of exclusive use in respect of certain classes of goods before the first day of the first month of the 29th year of Kuang-Hsü, and which have since been used in China bona fide by the applicant, provided that the application for registration be made within three months from the day on which the Regulations come into force.

The marks mentioned in paragraph (b) are not entitled to priority unless the foreign or Chinese name of the firm owning the mark appears on this mark.

(See comments herewith.)

Comments on Proposed Regulations for Trade-marks Registration in China, as formulated

by the British, French, and German Ministers, June 1905.

(These draft Regulations having been issued originally in French, the phrasing in English translation may not always convey the precise meaning intended.)

The references in these "Comments" to proposed alterations in the Regulations are slightly varied through

being reprinted, but the passages can be easily traced.] Article 1.-This admits the optional registration of "old" marks, or as an alternative of their deposit for inclusion on a special list," the latter being equivalent

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