CO129-331 - Public Offices - 1905 — Page 268

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to the "record proposed by the Manchester Chamber of Commerce. expected that many owners will prefer to obtain, if possible, the security of registration, much confusion and dispute will result.

Lines 6, 7, and 8, "Can demand their registration in conformity with the provisions of the registration, or." These words should be omitted, and the clause should continue "may deposit," &c., and after "presented" (at the end of the clause) should follow the words "and marks so deposited shall be entitled to protection as prescribed equally with registered marks.” (See Article 8 (c).)

Line 15, what is "a form of a product" ("forme du produit")?

Article 4.-Line 2, add after word "Memorandum" the words "with date of first user, if any."

Line 3, insert after the words "the mark" the words "deposited for registration." Article 5.-Line 6, add, "Blocks will not be required for the publication of marks in the special list."

Article 6-If "old" marks be admitted for registration, this clause will be a fruitful source of disputes and litigation, and will act most unfairly in many cases. The paragraph should be omitted.

Article 8.--This is good. "Open" is preferable to "free." Sub-section (c) apparently denies registration for marks in the "special list," and seems inconsistent with Article 1, but its intention would be clear if the word "resembling" were repeated in line 15 after the word "or."

Article 9.This clause should be limited to "new marks.

Article 13.- Lines 3 and 4. This assumes that a "free" (open) mark may be registered, although prohibited by Article 8. It ought not to be necessary to apply for remedies for errors due to the defective working of the Regulations.

is insufficient. Five years should be the minimum.

Line 72, “two years Article 15.-Line, minimum.

55

"two years" is insufficient. Five years should be the

Lines 17 and 18 provide for an Appeal Tribunal, but it is not stated whether or not the decision of such Tribunal is to override the action of the Registration Office. Provision should be made for the appointment on the "Commission" of two (or more) members of the Shanghae Chamber of Commerce who have the necessary experience and knowledge.

Line 18, omit "if necessary."

Article 18.--Line 8, insert after the words "representation of the mark" the words "(except applications for entry in the special list).”

Article 22.-Lines 3 and 4, "in any country whatsoever" is highly objectionable, As the clause stands great injury might be done to owners of marks used for many years in China.

Article 23.---Fees. These seem reasonable.

No fee is proposed for entry on the

"special list.' A moderate fee-say, 1 tael-might be included for this.

Lines 20-22 would be improved if made to read thus: "If application has been made for the registration of a mark which for any valid reason cannot be registered, no fee other than the fee on application need be paid."

Article 26-(a.) Priority for marks registered abroad before Chinese New Year 1903 is most objectionable.

(b.) Line 6, how is a firm to "prove to have claimed rights of exclusive use an umegistered mark ?

Manchester Chamber of Commerce,

September 15, 1905.

13

for

Inclosure 2 in No. 1.

263

Curves ondence between the Manchester Chamber of Commerce and the Comptroller-General

of Patents, Designs, and Trade-marks.

Sir,

The Patent Office, 25, Southampton Buildings, London, March 18, 1905.

the

] INCLOSE a copy of draft Regulations, which it is proposed to urge upon Chinese Government to substitute for the present provisional Regulations, the coming into operation of which has been postponed. I shall be glad of any observations you may have to make on them at the earliest possible opportunity, as the matter is very pressing.

I am, &c. (Signed)

The Secretary,

Manchester Chamber of Commerce.

C. L. DALTON,

Comptroller-Generai.

[* Note.-See copy as revised by the Trade and Merchandize Marks Committee

of the Chamber at the foot of the letter to Mr. Dalton which follows j

Sir,

Manchester Chamber of Commerce, April 6, 1905.

I am desired by the President of this Chamber to forward to you the inclosed copy of suggested Regulations to govern the protection of trade-marks in China, to take the place of the present provisional Regulations. The inclosed is substantially the dratt supplied with your letter of the 18th March, carefully revised by the Trade and Merchandize Marks Committee of the Chamber, and it comprises several emendations, ie., additions, alterations, and omissions. The reference numbers on the right-hand margin show the connection of each paragraph with the corresponding paragraph in your draft. The left-hand numbering is consecutive-one number to each paragraph. I am to express regret at the delay which has taken place. It has, however, been unavoidable, and, in view of your letter of the 31st March, the amended Regulations are sent without waiting for their formal adoption by the Board of Directors at their meeting next week. That they will be so accepted, however, is undoubted, and the President desires that the Will you be so document be accepted as the expression of the views of the Chamber. good as to inform me of the further course of events, as soon as you have anything of interest to communicate ?

C. L. Dalton, Esq.,

I am, &c.

(Signed)

Comptroller-General of Patents,

The Patent Office, London.

WALTER SPEAKMAN, Secretary.

The following are the Regulations forwarded to the Chamber by the Comptroller- General of Patents, &c., with his letter of the 18th March, but with sundry emendations suggested by the Chamber

1. All merchants, Chinese or foreign, who have lawfully used marks in China prior to the 1st January, 1903, shall deposit with the Registrar specimens, in triplicate, of the marks they have so used, indorsed with particulars of the goods on which they have been used, also with the name of the proprietor who claims to have lawfully used the mark, and such marks must be classified as---

(1.) Marks for which proprietary rights are claimed.

(2.) Open marks or chops which have been in general use in China by different

persons or firms, by common consent prior to the 1st January, 1903.

The Registrar shall arrange in due order such deposited marks, and the collection so made shall constitute an official record of trade-marks-hereinafter referred to as "the record."

D

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