CO129-351 - Public Offices - 1908 — Page 292

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You will observe that no evidence is furnished in the letter that the imitations referred to in it are used on goods sold in China, nor is it quite clear that they are used on the same class of goods as their prototypes.

Sir,

I have, &c.

(Signed)

PELHAM L. WARREN.

Inclosure 3 in No. 1.

Mr. L. Canning to Consul-General Sir P. Warren.

China Association (Shanghae Branch), December 13, 1907.

I HAVE the honour to inform you that on going through the publication, "A Complete List of the Trade-marks registered at the Japanese Patent Office," I find the following marks registered by Japanese, which are, in my opinion, imitations of British marks.

The pages of these volumes are not numbered, but for the purpose of identification I record the class number.

In passing, I might mention that many of the designs and emblems which are recorded would not be granted registration in a Western country. I noticed, for instance, any amount of Japanese characters, English letters with no combination around them, Al," insects, birds, and animals, shipping marks, &c.

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In Class 36 a mark like Messrs. Ilbert and Co.'s "Cheling."

In Class 36 a mark like Messrs. Reiss and Co.'s "Stag."

In Class 32 a mark like Messrs. Armitage's "Crocodile," the well-known drill mark (Messrs. Alex. Ross and Co., agents).

In Class 31 a mark like Messrs. Scott Harding and Co.'s" Empress and Attendants mark.

-mark.

In Class 31 a mark like Messrs. Ilbert and Co.'s "Three Joss."

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In Class 31 a mark like Messrs. Scott Harding and Co.'s "Chinese Wine Cup"

In Class 31 a mark like Messrs. Scott Harding and Co.'s "Two Genii.”

In Class 31 a mark like Messrs. Ward, Probst and Co.'s "Man and Tiger" mark. In Class 31 a mark like Messrs. Ward, Probst and Co.'s "Man and Fish."

In Class 81 a mark like Messrs. Ward, Probst and Co.'s "Woman and Frog."

In Class 31 a mark like Messrs. Ward, Probst and Co.'s "Two Stags."

In Class 31 a mark like Messrs. Jardine, Matheson and Co.'s (Limited) “ Crab."

In Class 27 a mark like Messrs. James Greaves' Cotton Co.'s "Tea Carrier."

In Class 24 a mark like Messrs. Scott Harding and Co.'s "Chinese Wine Cup" (another design).

In Class 18 a mark like Messrs. Ward, Probst and Co.'s "Kirin."

In Class 81 Messrs. Armitage's "Crocodile is again recorded, and in Class 27 and "Chinese Wine Messrs. Scott Harding and Co.'s "Empress and Attendants

Cup" also appear again, as well as Messrs. Ilbert and Co.'s "Three Joss."

I have interviewed the representatives of the firms mentioned, and they concur in the opinion that the marks above enumerated are infringements of their marks.

In conclusion, I would state that these marks are all used in piece goods and yarn, the Japanese classes being as under :-

Class 36.-Towels, hats, &c.

Class 32.--Woollen goods.

Class 31.-Grey and white goods.

Class 27.-Cotton and silk goods (presumably yarn).

Class 24.-Silk goods.

Class 18.--Seems to be no definite class of goods.

I have, &c.

(Signed) L. E. CANNING, Secretary.

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Inclosure 4 in No. 1.

Sir A. Hosie to Sir J. Jordan.

Shanghae, December 14, 1907. Dear Sir John,

WARREN is sending you to-day a copy of a letter from the Secretary of the China Association, whom I have been urging to renewed efforts, and who has been going through the Japanese Trade-marks Register, giving a list of imitations of British marks registered by Japanese. As you will see, it is short and incomplete, but individual British firms, who are beginning to realize the danger, are now bestirring themselves, and it is likely that the list will be added to as time goes on.

I find, however, that comparatively few British firms have their marks registered in Japan, so that a Convention which merely protects British marks* registered in that country by British proprietors against infringement and use in China will be of little avail, and it seems to me that the struggle will come when the marks are produced for registration at the Chinese Trade-marks Bureau. Then it is that the British manufacturer or merchant will have to show prior registration in England as well as prior use in China.

I am sending herewith a Japanese towel with an imitation of Messrs. Reiss and Co.'s trade-mark upon it. It is the second on Warren's list, and I hope others will follow.

Yours, &c.

Dear Sir John,

(Signed)

Inclosure 5 in No. 1.

Sir A. Hosie to Sir J. Jordan.

ALEX. HOSIE.

Shanghae, December 12, 1907. I HAVE been stirring up the China Association here to make good their London accusations against the Japanese in the matter of trade-marks, and every Even effort is being made to secure specimens of counterfeits and imitations. municipal police detectives are being used for the purpose, and, if they are to be had, you may rest assured that specimens will be got. It is stated that the Japanese are careful not to expose false trade-marks in Shanghae, but I am not satisfied that the statement is altogether in accordance with facts. I am also having search made, and the results will be known in a day or two.

The accompanying articles from Japanese papers leave no doubt as to what bas been going on in China.

Yours sincerely, (Signed) ALEX. HOSIE.

Inclosure 6 in No. 1.

Extract from the "Shanghae Times" of December 11, 1907.

Infringement of Trade-marks in China.

RECENTLY the Japanese Patent Bureau requested a report from the Japanese Consul-General at Shanghae on the rumours which have been circulated to the effect that the Japanese have been guilty of the infringement of the trade-marks of foreigners in China, this having in some cases resulted in legal proceedings being taken. The report asked for has now been received from Mr. Ozaki, Acting Japanese Consul-General,

Mr. Ozaki admits that complaints have been made by foreign merchants against the dishonest practices resorted to by Japanese and Chinese, who have imitated foreign manufacturers, but he has not heard of any instance in which legal proceedings had actually been instituted. The Acting Consul-General adds that foreign merchants

• Used in China.

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