CO129-331 - Public Offices - 1905 — Page 86

85

16

26. Prior rights shall be accorded to the following marks :---

(a.) Those which were registered in a foreign country prior to the first day of the first month of the 29th year of Kuang Hsü (29th January, 1903), and which have since been used in China.

(.) Those in respect of which, while not registered in a foreign country, a particular firm can prove to have claimed rights of exclusive use for certain classes of goods prior to the first of the first month of the 29th year of Kuang Hsü, and which have since been used by the claimant in China, bond fide, provided that registration of them is applied for within three months from the day of the coming into force of the Regulations.

Marks under (b) can claim priority only if the Chinese or foreign trade name of the proprietor of the mark is added to them.

Detailed Rules in connection with Registration.

1. Every application relating to a trade-mark and every document describing a trade-mark must be complete in itself, and must give clearly the surname and personal name of the applicant, his residence, and the date (year, month, and day) of his application. The application and description must be written in the Chinese character. Should they be written in a foreign language they must be accompanied by Chinese translations.

Every application for registration or for the deposit of a mark must he accompanied by the block of a trade-mark for its publication in the "Trade-Marks Gazette,"

2. All applications must be written out in accordance with the prescribed forms which are annexed to these rules.

3. Should application be made through an agent or representative, he must present for examination his evidence of authority to act.

4. When the Registration Office receives an application it shall enter thereon a number which it shall report to the applicant, and thereafter, should it be necessary to send any further petition relating to the trade-mark, the original number given shall be used in said petition to facilitate examination by the Office.

5. When any petition is presented relating to a trade-mark already registered, said petition must use the registration number.

6. When application is made for the registration of a trade-mark already registered in a foreign country, a copy of the stamped certificate issued by the foreign Government must be submitted.

7. When application is made for the extension of the period of exclusive use, the certificate of registration must be sent for examination.

8. If any application relating to a trade-mark or any document describing a trade-mark be indistinct or incomplete, the Registration Office may fix a time in which the applicant shall be required to correct or complete such document and return it.

9. Whenever any applicant for registration, or a petitioner or complainant in any other matter, shall not take action within the time specified in the Registration Regulations, or otherwise determined in special instances by the Registration Office (such as the extension of the time limits in special cases on account of distance from the Office or difficulty in communication), it will not be necessary to consider such petitions.

10. The Registration Office having examined, and found nothing objectionable in the trade-mark for which registration is asked (Article 5 of the Regulations), shall thereupon grant registration and notify the applicant.

The applicant, upon receipt of the above-mentioned notice, shall, within the time specified by the Registration Office, send to this Office the registration fee, the trade- mark block, and the above-mentioned notice.

11. The applicant having complied with the requirements of the second paragraph of rule 10, the Registration Office shall thereupon grant him registration, and give to him a certificate,

12. All trade-mark blocks, whether made of wood or metal, shall measure 4 inches

in length by 3 inches in breadth, and of an inch in thickness.

13. Any one who may petition for the cancellation of the registration of a trade- mark, in accordance with Article 13 of the Regulations for the Registration of Trade-

17

marks, must prepare his petition in duplicate. The petition must set forth in detail the reasons for cancellation, and if there be any article that may be submitted in evidence, it must be sent for examination with the petition.

14. Should the circumstances provided for in the foregoing Article occur, on the presentation of the petition, the Registration Office shall file the original copy and send the duplicate to the defendant in the case, requiring him within a fixed time to make reply, and after comparing the statements of the two parties, shall take action in the matter.

15. Should the registration of a trade-mark be cancelled, or the owner of a trade- mark cease to use it, or should he close his business, the Registration Office shall at once require the return of certificate.

16. When the exclusive right to the use of a trade-mark is transmitted to heirs, they must present evidence of the fact to the Registration Office with a petition, requesting a change in the certificate of registration.

17. Whenever the transfer of the right in a mark requires to be registered (Article 11 of the Regulations), a joint application by the parties concerned must be sent in, accompanied by the certificate of registration.

18. Should any change be made in the residence of the owner of a registered trade-mark, or in his representative or agent, the fact must be at one reported.

19. Every applicant must report the particular kind of goods upon which he proposes to use the trade-mark, according to the classification list appended to these rules. If he should be unable to determine to which class the goods belong, the Registration Office shall decide the matter for him.

Registration of Trade-marks,

Classifications.

Class 1.--Chemicals, medical compounds, medical ingredients, stimulants, and

tonics:

Acids, salts, alkalis, glue, phosphorus, soap, spirits of wine, table salt, lime, sulphur, mineral waters, all sorts of medical ingredients, medicines ready for sale, pills, powders, ointments, pellets, bandages, lint, cotton-wool, sponges, &c., used for medical or surgical purposes,

Class 2.-Dyeing, colouring and polishing materials:

Blue, indigo, purple, green, prussian blue, vermilion, minium, lacquer, varnish, oil-paints, blacking, &c.

Class 3.- Perfumes, cosmetics, dentifrices:

Preparations for the hair and complexion, scents, brilliantines, pomatums, incense, rouge, tooth-powders, face-powders.

Class 4.-Metals, and manufactured metals :

Pig-iron, wrought-iron, steel, iron bars, iron plates, iron wire, copper, copper plates, copper wire, lead, zinc, tin, alloys, &c.

Class 5.-Manufactured metal articles: Cast and wrought-metal articles.

Class 6.-Implements, tools, cutlery:

Sickles, saws, chisels, drills, cold chisels, axes, razors, pins and needles, nails, screws, &c.

Class 7.-Precious metals, precious stones and articles made therefrom, together with imitations thereof, viz.

*

Gold, silver, platinum, shakudo, diamonds, coral, agate, crystal, &c.

Class 8.--- Mineral substances used for building and decorative purposes : Cement, plaster, stone, asphalt, &c.

Class 9-Porcelain and pottery:

Porcelain, pottery, earthenware tiles, bricks, &c.

Class 10.--Enamels, cloisonne.

[2039 -1]

P