609
2
Ambassador, Washington, dated the 22nd February, and at the same time to thank the Board of Trade for the opportunity of commenting upon the American proposals for the amendment of the China Trade-marks Regulations.
From this correspondence it appears that the United States' Government desire an amendment of section 25 of the Regulations as formulated in June 1905 by the British, French, and German Ministers at Peking, and approved by the Austrian and Italian Representatives.
Section 25 reads as follows:---
"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."
For this the United States' Government desire to substitute the following:- "All demands of registration made by means of the competent Chinese authorities before the going into force of the present Regulation shall be considered as assimilated to the right of priority provided by section 7, and shall be effective from their dates."
Section 7, referred to by the United States' Government, reads as follows:--
"If within four months from the date of registration of a trade-mark in a foreign country an application is presented for registration of this mark in China, the original date of registration in a foreign country will be recognized, provided that the application is accompanied by the production of a certificate of registration in a foreign country."
The Board of Directors of this Chamber are of opinion that claims of priority rights founded upon the dates on which applications for registration have been lodged in China, antecedent to the final settlement of the Regulations for registration, ought not to be granted. Article 25, as it stands, places all such applicants on an equal footing, and defines the only procedure that would be fair to all concerned.
Article 7 is limited in its application to marks which have been registered in foreign countries during the preceding four months. Although objections have been raised to its terms in some quarters, the Board are of opinion that inasmuch as the clause embodies the provisions of section 103 of "The British Trade-marks Act, 1883" (incorporated by section 65 in “The Trade-marks Act, 1905 "), which provisions the Chinese Government are bound by Clause VII of the Treaty of 1902 to adopt, the Regulation is good and valid, but to import its provisions, as regards priority, into Article 25, as proposed by the United States' Government, is very undesirable, and ought to be emphatically deprecated.
The Board takes this opportunity of again referring to the amendments to these Regulations proposed by this Chamber, and submitted with a covering letter to the Foreign Office on the 15th September, 1905--amendments of the greatest importance to British Trade-mark owners generally, and to Manchester merchants particularly--and trusts that it is not too late to urge the British Minister at Peking to endeavour to make these amendments effective, especially as the United States' Government's action suggests that amendments are still possible.
I am, &c.
(Signed)
WALTER SPEAKMAN, Secretary.
Inclosure 3 in No. 1.
Sir
Chamber of Commerce and Manufactures to Board of Trade.
Chamber of Commerce and Manufactures,
7, West George Street, Glasgow, April 24, 1906.
UNDER reference to your communication of the 3rd instant, on the subject of Trade-marks Regulations in China, receipt of which was acknowledged at the time, am now to inform you that the Committee of Directors of the Chamber on Foreign Affairs who have had the matter under careful consideration, instruct me to reply that as it is universally recognized that priority in use of existing trade-marks is necessarily
3
the main, if not the sole, test for registration under the proposed Regulations, and as the rights of claimants should in no way be affected by the date of formal application for said registration of such marks, the Committee are not in favour of any amendment of the Rules as drafted.
In sending you this resolution, I am accordingly respectfully to express the hope that the proposed amendment by the United States' Government of the Regulations in question may not be agreed to.
&c.
WILLIAM H. HILL, Secretary.
Sir,
I
am,
(Signed)
Inclosure 4 in No. 1.
The Incorporated Chamber of Commerce of Liverpool to Board of Trade.
The Incorporated Chamber of Commerce of Liverpool,
I DULY received your letter of the 3rd April on the subject of an amendment to
April 28, 1906.
section 25 of the Regulations for the registration of trade-marks in China, which has been put forward by the American Government.
I have submitted the letter, with its inclosures, to the Chairman and Committee of the East India and China Trade section of this Chamber, and they do not approve of the amendment proposed by the United States' Government to section 25, as they believe that British interests might suffer therefrom.
I am, therefore, to ask that you would kindly do your best to obtain the passing of the Regulations in the form previously approved.
Sir,
I
am, &c.
(Signed)
THOMAS W. BARRETT, Secretary.
Inclosure 5 in No. 1.
China Association to Board of Trade,
China Association, 159, Cannon Street, London,
I HAVE the honour to acknowledge the receipt of your letter of the 3rd instant,
April 11, 1906.
transmitting a copy of a letter, with its inclosures, received from the Foreign Office respecting an amendment to section 25 of the Regulations for the registration of trade-marks in China, which has been put forward by the American Government.
The Committee have carefully considered the proposed amendment, and have to say they are opposed to the suggestion. There are a number of valuable marks or combinations of designs which have been long used in China, but which have never been registered in England, their owners having relied upon the protection afforded by the Merchandize Marks Act, and it is undoubted that many of these have been closely imitated by traders not subject to British jurisdiction, and even, also registered in countries other than China.
The contention of this Committee is therefore that priority of use in China should constitute the sole claim to registration, and the adoption of the amendment suggested by the United States' Government might, in the opinion of the Committee, be highly detrimental to the interests of British subjects.
The terms of Article 7 would afford a loophole for the priority of an imitation registered in some foreign country over the original mark which has been for long used in China, and therefore its application should be strictly limited to new marks for which registration has been applied in the owner's country within the preceding four months.
I have, &c.
(Signed) JOSEPH WELCH, Honorary Secretary.
609
2
Ambassador, Washington, dated the 22nd February, and at the same time to thank the Board of Trade for the opportunity of commenting upon the American proposals for the amendment of the China Trade-marks Regulations.
From this correspondence it appears that the United States' Government desire an amendment of section 25 of the Regulations as formulated in June 1905 by the British, French, and German Ministers at Peking, and approved by the Austrian and Italian Representatives.
Section 25 reads as follows:---
"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."
For this the United States' Government desire to substitute the following:- "All demands of registration made by means of the competent Chinese authorities before the going into force of the present Regulation shall be considered as assimilated to the right of priority provided by section 7, and shall be effective from their dates."
Section 7, referred to by the United States' Government, reads as follows:--
"If within four months from the date of registration of a trade-mark in a foreign country an application is presented for registration of this mark in China, the original date of registration in a foreign country will be recognized, provided that the applica- tion is accompanied by the production of a certificate of registration in a foreign country."
The Board of Directors of this Chamber are of opinion that claims of priority rights founded upon the dates on which applications for registration have been lodged in China, antecedent to the final settlement of the Regulations for registration, ought not to be granted. Article 25, as it stands, places all such applicants on an equal footing, and defines the only procedure that would be fair to all concerned.
Article 7 is limited in its application to marks which have been registered in foreign countries during the preceding four months. Although objections have been raised to its terms in some quarters, the Board are of opinion that inasmuch as the clause embodies the provisions of section 103 of "The British Trade-marks Act, 1883" (incorporated by section 65 in “The Trade-marks Act, 1905 "), which provisions the Chinese Government are bound by Clause VII of the Treaty of 1902 to adopt, the Regulation is good and valid, but to import its provisions, as regards priority, inte Article 25, as proposed by the United States' Government, is very undesirable, and ought to be emphatically deprecated.
The Board takes this opportunity of again referring to the amendments to these Regulations proposed by this Chamber, and submitted with a covering letter to the Foreign Office on the 15th September, 1905--amendments of the greatest importance to British Trade-mark owners generally, and to Manchester merchants particularly--and trusts that it is not too late to urge the British Minister at Peking to endeavour to make these amendments effective, especially as the United States' Government's action suggests that amendments are still possible.
I am, &c.
(Signed)
WALTER SPEAKMAN, Secretary.
Inclosure 3 in No. 1.
Sir
Chamber of Commerce and Manufactures to Board of Trade.
Chamber of Commerce and Manufactures,
7, West George Street, Glasgow, April 24, 1906. UNDER reference to your communication of the 3rd instant, on the subject of Trade-marks Regulations in China, receipt of which was acknowledged at the time, am now to inform you that the Committee of Directors of the Chamber on Foreigs Affairs who have had the matter under careful consideration, instruct me to reply that as it is universally recognized that priority in use of existing trade-marks is necessarily
3
the main, if not the sole, test for registration under the proposed Regulations, and as the rights of claimants should in no way be affected by the date of formal application for said registration of such marks, the Committee are not in favour of any amendment of the Rules as drafted.
In sending you this resolution, I am accordingly respectfully to express the hope that the proposed amendment by the United States' Government of the Regulations in question may not be agreed to.
&c.
WILLIAM H. HILL, Secretary.
Sir,
I
am,
(Signed)
Inclosure 4 in No. 1.
The Incorporated Chamber of Commerce of Liverpool to Board of Trade.
The Incorporated Chamber of Commerce of Liverpool, I DULY received your letter of the 3rd April on the subject of an amendment to
April 28, 1906. section 25 of the Regulations for the registration of trade-marks in China, which has been put forward by the American Government.
I have submitted the letter, with its inclosures, to the Chairman and Committee of the East India and China Trade section of this Chamber, and they do not approve of the amendment proposed by the United States' Goverument to section 25, as they believe that British interests might suffer therefrom.
I am, therefore, to ask that you would kindly do your best to obtain the passing of the Regulations in the form previously approved.
Sir,
I
ain, &c.
(Signed)
THOMAS W. BARRETT, Secretary.
Inclosure 5 in No. 1.
China Association to Board of Trade,
China Association, 159, Cannon Street, London, I HAVE the honour to acknowledge the receipt of your letter of the 3rd instant,
April 11, 1906. transmitting a copy of a letter, with its inclosures, received from the Foreign Office respecting an amendment to section 25 of the Regulations for the registration of trade- marks in China, which has been put forward by the American Government.
The Committee have carefully considered the proposed amendment, and have to say they are opposed to the suggestion. There are a number of valuable marks or combinations of designs which have been long used in China, but which have never been registered in England, their owners having relied upon the protection afforded by the Merchandize Marks Act, and it is undoubted that many of these have been closely imitated by traders not subject to British jurisdiction, and even, also registered in countries other than China.
The contention of this Committee is therefore that priority of use in China should constitute the sole claim to registration, and the adoption of the amendment suggested by the United States' Government might, in the opinion of the Committee, be highly detrimental to the interests of British subjects.
The terms of Article 7 would afford a loophole for the priority of an imitation registered in some foreign country over the original mark which has been for long used in China, and therefore its application should be strictly limited to new marks for which registration has been applied in the owner's country within the preceding four months.
I have, &c.
(Signed) JOSEPH WELCH, Honorary Secretary.
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