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Detailed Rules (as in original).
Rule I.-Application forms.
Article 1.-(1.) As in original.
Add (2.) The Trade-marks Bureau will print the various application forms, of which a supply will be kept in each branch office for the convenience of applicants, who will thus be able to purchase them locally.
(3.) When the Trade-marks Burean receives an application it will be given a number, which will be communicated to the applicant. All subsequent communica- tions respecting such application should quote this number for the convenience of the Bureau.
Rule II.--Same as original Rule, except that the numeration of the Articles is altered; 3 becomes 4, &c.
Rule III-Same as original; numeration altered.
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Rule IV.-Article 13. The Trade-marks Bureau will publish in a "Trade-marks Gazette" all particulars respecting the registration or cancellation of trade-marks for public information. This Gazette" will contain the following particulars: The applicant's name and address; whether the application be for registration or for deposit in the special list; the class of goods to be covered by the trade-mark; a printed representation of the mark; and other particulars, as the occasion may demand, such as the issue of certificates for registration or deposit in the special list, or transfer of rights.
Article 14. The "Gazette," besides being issued in the Chinese language, will at the same time employ a current Western language, for the convenience of both Chinese and foreigners.
Article 15. The frequency of issue will depend upon the volume of business connected with trade-marks.
Rule V.-Article 16 to end Rule VIII, including classification list.-No alteration. Forms.As in original.
Regulations for Court of Judicial Decisions.-No change, except in numeration. Special Rules.---Article (1). Add, after "old trade-marks," the words, "and will be recorded in a special list."
Article (2) to end.-No change.
Foreign Trade-marks.--No change.
Regulations respecting the Trade-marks Bureau.-No change.
Correspondence then followed with your Highness on the subject of this draft in July 1905; after which the subject was not taken up until the winter of last year, when your Highness communicated to me another draft prepared by the Board of Commerce.
As I had the honour to inform your Highness in my note of the 3rd April of this year, that draft was found to differ so entirely from the proposed text prepared by a Committee of Ministers in April 1905, which my Government still looked upon as the basis of discussion, that 1 felt bound to adhere generally to the lines laid down in the earlier draft above mentioned, and trusted that the negotiations would be confined to the consideration of that document,
The latest draft of the Board of Commerce is still based upon their former text, and my chief-jections to it are that the advantages which British merchants could derive from an enactment in this form are entirely outweighed by the expenses which they would be obliged to incur in registering their numerous trade-marks or depositing them in the "special list." No specific provision is made to prevent the registration of "open marks," or for the protection of Hong names; while the location of the Registration Bureau in Peking, where foreign firms have no representatives, would inevitably give rise to endless difficulties and delays. Beyond this there are other points, arising from the obscurity of the language in which the Regulations are drawn up,
which render it impossible for me to discuss them in detail.
Furthermore, under instructions from my Government I am precluded from so doing, as they have refused to accept as a basis of negotiation the draft of November last, of which the present document is a revision.
I can therefore merely suggest to your Highness that I should communicate to my Government the translation of the documents which you have transmitted to me, and await the instructions of His Majesty's Secretary of State as to future action in this matter.
I avail, &c.
(Signed)
J. N. JORDAN.
Your Highness,
Inclosure 3 in No. 1.
Sir J. Jordan to Prince Ch'ing.
Peking, May 28, 1907.
I HAVE the honour to acknowledge the receipt of your Highness' note of the 2nd May, inclosing a revised draft of Trade-marks Regulations drawn up by the Board of Commerce, and to state, after careful consideration of these amendments, that the whole form of the Regulations in question appears to me unnecessarily complicated, and prejudicial to the interests of foreign trade in China.
The original intention of introducing legislation on the question of trade-marks was, as I understand it, to facilitate the protection of foreign trade-marks against imitation or unauthorized use by Chinese subjects. With this object in view, it was stipulated in the Anglo-Chinese Commercial Treaty of 1902 that the Superintendents of northern and southern trade should establish offices within their respective juris- dictions under the control of the Imperial Maritime Customs, where foreign trade- marks might be registered on payment of a reasonable fee.
The first draft Regulations drawn up by the Board of Commerce in 1904 proved on examination entirely inacceptable to the representatives of several Powers, and they proceeded, therefore, in the following year to prepare a draft embodying the views of their respective Governments at that time.
Inclosure 4 in No. 1.
French Minister to Prince Ch'ing.
Légation de la République Française en Chine, Pékin, le 27 Mai, 1907.
J'AI l'honneur d'accuser réception à votre Altesse de sa communication du
2 Mai dernier, relative au projet de Règlement sur les marques commerciales établi par
le Ministère du Commerce.
Après avoir étudié attentivement ce projet, j'ai dû reconnaître, malgré mon désir de tenir compte des vues du Ministère du Commerce, qu'il différait encore sur des points essentiels du projet que mon Gouvernement m'avait autorisé à prendre pour base de négociations avec le Gouvernement Impérial, notamment en ce qui concerne les frais d'enregistrement, la protection des marques libres et des "hong names," les garanties aux anciennes marques.
Dans ces conditions, je suis obligé d'en référer à Paris et d'envoyer le projet que votre Altesse a bien voulu me transmettre au Ministère des Affaires Etrangères et d'attendre ses instructions.
(Translation.)
Inclosure 5 in No. 1.
German Minister to Prince Ching.
Peking, May
1907.
*
I HAVE the honour to acknowledge the receipt of your Imperial Highness' note of the 2nd instant, inclosing a revised draft of Trade-mark Regulations drawn up by the Board of Agriculture, Trade, and Industry.
In my note of the 11th ultimo I had the honour to inform your Imperial Highness that the latest draft Regulations inclosed in your note of the 5th December last were so entirely different from those drawn up in April 1905 by the Representa- tives of the Powers interested, that I could not see my way to take them into
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