CO129-345 - Public Offices & Foreign Office - 1907 — Page 332

(This Document is the Property of His Britannic Majesty's Governm

CHINA TRADE.

CONFIDENTIAL.

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Rece [August 29 OCT 07

SECTION 3

389

[29145]

(No. 167.) Sir,

No. 1.

Sir C. MacDonald to Sir Edward Grey.—(Received August 31.)

Tokió, August 1, 1907. ON receipt of your despatch No. 66 of the 30th March last on the subject of the piracy of the "Crocodile " trade-mark of Sir E. Armitage and Sons (Limited), Mr. Lowther addressed a note to the Minister for Foreign Affairs, copy of which I have the honour to inclose herewith, in accordance with the instructions contained in your despatch.

I have now the honour to transmit translation of Viscount Hayashi's reply, in which his Excellency states that it is impossible under the law of Japan to render Mr. Hambei Konishi's trade-mark invalid in view of the fact that it has been registered in this country more than three years without any protest having been raised against such registration.

It will be noticed that Viscount Hayashi makes no comment on that part of Mr. Lowther's note dealing with the desirability of a change in the law of Japan, and on his Excellency's return to this country, from which he is at present absent, I will again call his attention to this question, as well as to that raised in your Circular despatch, Commercial, of the 27th June, containing instructions in accordance with which I have addressed a note to his Excellency.

With reference to this last-named despatch, I have the honour to transmit herewith a Memorandum, drawn up by the Acting Commercial Attaché to this Embassy, pointing out certain defects in the existing law on the subject of trade-marks in this country, and expressing the opinion that the publication of applications for registration which have been filed will not of itself afford entirely satisfactory protection to British manufac- turers. The fact that such publication would be in Japanese makes it doubtful whether applications would ever came to the notice of those whose trade-marks were in danger, and in any case Mr. Harrington is of opinion that a change in certain sections of the existing law, dealing with the question of the registration of trade-marks already in use, is even more important than the publication of applications. This latter measure would be of great utility in cases where the applicant attempts to register a trade-mark already registered. The patent Bureau bave, indeed, the power to reject such applications, but in practice the imitation may well be overlooked, and the opportunity for the owner of a registered trade-mark to protest against the registration of an imitation is certainly desirable. In the meantime it cannot be too strongly impressed on British merchants doing business in the Far East that it is most important to register their trade-marks in this country as a precaution against possible imitation. In connection with this subject, and for convenience of reference, I have the honour to transmit a further Memorandum by Mr. Harrington inclosing, with comments, an account of two cases of pirated trade-marks which have aroused great interest in this country. The cases of Messrs. Buchanan and of Messrs. Carlowitz have both been incidentally reported in the monthly summaries of events compiled in this Embassy, but in view of the growing importance of the subject it may be of use to the Board of Trade to have a more succinct account at their disposal.

I have, &c. (Signed)

CLAUDE M. MACDONALD.

Inclosure 1 in No. 1.

Mr. Lowther to Viscount Hayashi.

(No. 54.)

M. le Ministre,

Tokió, May 27, 1907. IN accordance with instructions from my Government I have the honour to bring to your Excellency's notice a complaint on the part of a British firm, Messrs. A. Ross and Co., of the imitation of the "Crocodile" trade-mark of Sir Elkanah Armitage and Sons (Limited), by a Japanese merchant in Osaka.

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