CO129-345 - Public Offices & Foreign Office - 1907 — Page 493

430

(This Document is the Property of His Britannic Majesty's Government.j

CHINA TRADE,

CONFIDENTIAL.

REC

43659

November 18.] REG 14 DEC 07

SHOTION 3.

[37960]

No. 1.

+

Sir J. Jordan to Sir Edward Grey.-(Received November 18.)

(No. 465.) Sir,

WITH reference to your despatch No. 304 of the 30th July, and to my telegram

Peking, October 2, 1907. No. 173 of the 30th September, I have the honour to inclose a translation of Prince Ching's note of the 26th requesting a reply from His Majesty's Government on the subject of the Trade-marks Regulations.

As regards the question whether an agreement with Japan for the mutual protection of trade-marks would prevent Japanese subjects from claiming priority of application for, and registration as their own of, marks recognized as the exclusive property of British merchants, I have the honour to observe that Article 7 of the last Chinese draft, inclosed in my despatch No. 247 of the 28th May, provides that, if several applications be made for registration of the same trade-mark of which usage in the past is not claimed, the first applicant shall be accorded registration. But if the trade-mark has been used, registration will be accorded to the earliest bond fide user of such mark.

This rule would appear to cover the point in question, as far as concerns applications not yet made. But it is well known that many applications have been filed during the past three years, especially by Japanese, and it will be essential to see that no preferential treatment is accorded to these.

As far as the framing of a regulation is concerned, with a view to protecting the rights of British owners of trade-marks already in use in China, there should be no insuperable difficulty, but the execution of the rule by a Chinese registrar-possibly under the guidance of a Japanese adviser-appears to me, the more I study this question, to be fraught with danger.

(Translation.) Sir,

Inclosure in No. 1.

I have, &c. (Signed)

Prince Ch'ing to Sir J. Jordan.

J. N. JORDAN.

I AM in receipt of a communication from the Board of Agriculture, Works, and

Peking, September 26, 1907. Commerce of the subject of the Trade-marks Regulations, in which I am requested to bring the question once more to the notice of the Diplomatic Body with a view to the negotiations being brought to a satisfactory issue at an early date.

I have the honour to remind your Excellency of the frequent occasions upon which I have addressed you on this subject at the instance of the Board of Commerce, and of your Excellency's last reply to the effect that the matter had been referred to His Majesty's Government for consideration. That was several months ago, and no further reply has been received. I have therefore the honour to address your Excellency once again, and to request that you will request His Majesty's Government to hasten their decision, and avail, &c.

(Signed) Prince CHING.

[2724 s-3]

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