4
in China have enjoyed the special privilege of the protection of their trade-marks in China even before the time that the Chinese Trade-mark Protection Law came into force, and in virtue of their privilege they are entitled to demand from the Chinese authorities the prohibition of the sale or the confiscation of imitations of foreign goods.
There are instances in which the sale of Japanese goods has been stopped on this ground. As an instance, he quotes the case of a lamp chimney made in Osaka bearing a trade-mark consisting of a cow's head and a combination of two Chinese characters, "So-ko." The sale of the chimney in question has been prohibited on the ground that the trade-mark is an imitation of that used by a German firm for a lamp chimney, though that mark is a deer's head and a combination of two Chinese characters, "Tai-ko." The sale of a Japanese imitation of a German lamp, for which there was a large demand, was also prohibited, as it had a combination of two Chinese characters-"Ken-shin"-as inscribed on the German lamp.
Some of the dishonest Japanese merchants who have placed imitations on the market have, it seems, actually made demands upon the Consulate-General that action should be taken for the removal of the prohibition which now exists. He cannot, however, he says, officially make a protest against the action of the Chinese authorities, since many of the trade-marks used by the Japanese are almost analogous in design with those used by German merchants, it being impossible to make a distinction between the two at a glance.
The Acting Consul-General deplores the fact that such dishonest practices should have been resorted to by the Japanese, pointing out that it can only impede the progress of Japanese industry, which continues to grow rapidly, and he suggests that the suppression of such practices is particularly necessary in the case of trade with China. He fears that, should foreigners retaliate by violating Japanese trade-marks in the future, Japan will be involved in heavy loss. He goes on to say that imitations are largely found among perfumed waters, soaps, and other toilet goods imported from Japan, and he believes that there are many dishonest men in and about Osaka who are exclusively engaged in manufacturing imitations of foreign goods.
In considering all the circumstances, he finds that the imitations have been made only in comparatively few cases by the Japanese themselves; but generally speaking the Japanese have been acting on orders received from unscrupulous Chinese merchants. (These unsophisticated Japanese again!) However, it is a fact to be lamented that Japanese imitators, tempted by temporary profits, have been acting as agents for dishonest Chinese merchants, sacrificing their own reputation and confidence. The Acting Consul-General is determined to take action against the importation of these imitations of foreign goods from Japan if the practice does not cease. We are glad to hear it, for the offence has been perpetrated for a good many years now without anything having been done to check it. “JAPAN CHRONICLE."
5
Trade-mark complaints coming from the foreigners' side have not been infrequent of late, and it seems desirable that a thorough investigation be instituted with the object of removing the whole cause of the trouble. Hitherto in many trade-marks disputes the complainants appear to have lost their case on mere technicalities, and that is the unsatisfactory feature of the matter. True, it is for the owners of trade-marks to overlook no technicalities in order that their interests may be fully protected. But a trade-mark law-like any other law containing many loopholes to be taken advantage of by unscrupulous persons to the injury of those whom it aims to protect is certainly not a good law, and should be revised. Not that we are prepared to point out such defects in our present Trade-mark Law, but seeing that there exists discontent against its working, it seems unwise to take no notice of it. Let the impression go abroad that it is very difficult to get trade-mark violators convicted under the law, the consequence will be very serious. The victims of sharp practices will stop going to law, with the result of encouraging the nefarious trade of the makers of imitation goods. The upshot will be a dangerous blow to the reputation of Japanese manufacturers in general. Or view the matter from another point. Should the insecure feeling about our trade-mark administration become general, there is no telling what may happen as the time approaches for the opening of the Grand Exposition of 1912. It is possible that foreign manufacturers will refuse sending their goods for exhibition, and it will be needless to say why. To be prepared against these eventualities it appears urgent that active measures be taken to make the evasion of the law impracticable and bring its evaders within the reach of adequate penalty. Or at least full explanation should be issued for the benefit of those who seek registration, so that there may be no chance of their suffering from the omission of nice technicalities.
While we are on the subject, a word is due to Osaka manufacturers. In spite of its being the chief manufacturing centre of the country, Osaka has long since won an unenviable notoriety for sending abroad cheap and shoddy goods. Now it is in danger of becoming a centre of spurious manufacturers. Some say Osaka worships money and commercial morality is at very low ebb there. It is inconceivable, however, that Osaka, with a population of nearly a million and a prosperous business, is a home of sharpers and swindlers. The bulk of her inhabitants, including her principal citizens, are no doubt honest, hardworking people. These should see that the good name of their city is threatened, and it behoves them to rise in protest and league themselves against the dishonest parties. A stain to Osaka is a stain to Japan, and the curse of the nation will fall on her if her influential business men and bankers should fail to recover her reputation.
Inclosure 8 in No. 1.
Inclosure 7 in No. 1.
Extract from the "Japan Times" of November 30, 1907.
Trade-mark Frauds.
FROM Osaka comes a report that the Commerce Bureau of the Southern Prefecture has just issued a note warning the local export merchants against the practice of making fraudulent use of trade-marks. The action taken is said to be the result of advices received from the Japanese Consuls in China in reply to inquiries sent out by the Central Patent Office, the information being to the effect that spurious imitation goods were most numerous among imports from Osaka. It is said further that the specific instances quoted in the Consular Reports all refer to the cases of infringement of trade-marks registered by foreigners. The revelation cannot fail to be very painful to those who cherish the hope that Japan will be able to build her international commerce solely on the principle of a fair field and no favour, and it is a national hope. In view of this, the step taken by the Osaka Commerce Bureau is not untimely; but we think it not enough-the central authorities should move in the matter.
up
(No. II.). Sir,
Sir A. Hosie to Sir J. Jordan.
Shanghae, December 26, 1907.
I HAVE the honour to inform you that I am transmitting to you to-day a jar of Gosnell's tooth paste, together with a Japanese imitation. The latter I purchased in a Chinese shop in the French Settlement here, and it is a good example of the intent to deceive.
On the face of the Japanese jar the word "beautifying" is mis-spelt, and "M. Matsuya and Co., Naniwa," is substituted for "John Gosnell and Co. (Limited), London," while “trade-mark" replaces "Extra Moist"; but on the dark label on the side Gosnell's "London, England" is superseded by "London, Naniwa," and the "Extra Moist" removed from the face reappears on the red label encircling the jar. On the dark label, too, "Patronised by the Queen" appears in place of "Patronized by the Queen."
I have, &c.
(Signed)
ALEX. HOSIE,
Acting Commercial Attaché.
289
4
in China have enjoyed the special privilege of the protection of their trade-marks in China even before the time that the Chinese Trade-mark Protection Law came into force, and in virtue of their privilege they are entitled to demand from the Chinese authorities the prohibition of the sale or the confiscation of imitations of foreign goods.
There are instances in which the sale of Japanese goods has been stopped on this ground. As an instance, he quotes the case of a lamp chimney made in Osaka bearing a trade-mark consisting of a cow's head and a combination of two Chinese characters, "So-ko." The sale of the chimney in question has been prohibited on the ground that the trade-mark is an imitation of that used by a German firm for a lamp chimney, though that mark is a deer's head and a combination of two Chinese characters, Tai-ko." The sale of a Japanese imitation of a German lamp, for which there was a large demand, was also prohibited, as it had a combination of two Chinese characters-Ken-shin "-as inscribed on the German lamp.
Some of the dishonest Japanese merchants who have placed imitations on the market have, it seems, actually made demands upon the Consulate-General that action should be taken for the removal of the prohibition which now exists. He cannot, however, he says, officially make a protest against the action of the Chinese authorities, since many of the trade-marks used by the Japanese are almost analogous in design with those used by German merchants, it being impossible to make a distinction between the two at a glance.
The Acting Consul-General deplores the fact that such dishonest practices should have been resorted to by the Japanese, pointing out that it can only impede the progress of Japanese industry, which continues to grow rapidly, and he suggests that the suppression of such practices is particularly necessary in the case of trade with China. He fears that, should foreigners retaliate by violating Japanese trade- marks in the future, Japan will be involved in heavy loss. He goes on to say that imitations are largely found among perfumed waters, soaps, and other toilet goods imported from Japan, and he believes that there are many dishonest men in and about Osaka who are exclusively engaged in manufacturing imitations of foreign goods.
In considering all the circumstances, he finds that the imitations have been made only in comparatively few cases by the Japanese themselves; but generally speaking the Japanese have been acting on orders received from unscrupulous Chinese merchants. (These unsophisticated Japanese again!) However, it is a fact to be lamented that Japanese imitators, tempted by temporary profits, have been acting as agents for dishonest Chinese merchants, sacrificing their own reputation and confidence. The Acting Consul-General is determined to take action against the importation of these imitations of foreign goods from Japan if the practice does not cease. We are glad to hear it, for the offence has been perpetrated for a good many years now without anything having been done to check it. “JAPAN CHRONICLE."
5
Trade-mark complaints coming from the foreigners' side have not been infrequent of late, and it seems desirable that a thorough investigation be instituted with the object of removing the whole cause of the trouble. Hitherto in many trade-marks disputes the complainants appear to have lost their case on mere technicalities, and that is the unsatisfactory feature of the matter. True, it is for the owners of trade- marks to overlook no technicalitics in order that their interests may be fully protected. But a trade-mark law-like any other law containing many loopholes to be taken advantage of by unscrupulous persons to the injury of those whom it aims to Not that we are prepared protect is certainly not a good law, and should be revised. to point out such defects in our present Trade-mark Law, but seeing that there exists discontent against its working, it seems unwise to take no notice of it. Let the impression go abroad that it is very difficult to get trade-mark violators convicted under the law, the consequence will be very serious. The victims of sharp practices will stop going to law, with the result of encouraging the nefarious trade of the makers of imitation goods. The upshot will be a dangerous blow to the reputation of Japanese manufacturers in general. Or view the matter from another point. Should the insecure feeling about our trade-mark administration become general, there is no telling what may happen as the time approaches for the opening of the Grand Exposition of 1912. It is possible that foreign manufacturers will refuse sending their goods for exhibition, and it will be needless to say why. To be prepared against these eventualities it appears urgent that active measures be taken to make the evasion of the law impracticable and bring its evaders within the reach of adequate penalty. Or at least full explanation should be issued for the benefit of those who seek registration, so that there may be no chance of their suffering from the omission of nice technicalities.
While we are on the subject, a word is due to Osaka manufacturers. In spite of its being the chief manufacturing centre of the country, Osaka has long since won an unenviable notoriety for sending abroad cheap and shoddy goods. Now it is in danger of becoming a centre of spurious manufacturers [sic]. Some say Osaka worship money and commercial morality is at very low ebb there. It is incon- ceivable, however, that Osaka, with a population of nearly a million and a prosperous business, is a home of sharpers and swindlers. The bulk of her inhabitants, including her principal citizens, are no doubt honest, hardworking people. These should see that the good name of their city is threatened, and it belioves them to rise in protest and league themselves against the dishonest parties. A stain to Osaka is a stain to Japan, and the curse of the nation will fall on her if her influential business men and bankers should fail to recover her reputation.
Inclosure 8 in No. 1.
Inclosure 7 in No. 1.
Extract from the "Japan Times" of November 30, 1907.
Trade-mark Frauds.
FROM Osaka comes a report that the Commerce Bureau of the Southern Prefecture has just issued a note warning the local export merchants against the practice of making fraudulent use of trade-marks. The action taken is said to be the result of advices received from the Japanese Consuls in China in reply to inquiries sent out by the Central Patent Office, the information being to the effect that spurious imitation goods were most numerous among imports from Osaka. It is said further that the specific instances quoted in the Consular Reports all refer to the cases of infringement of trade-marks registered by foreigners. The revelation cannot fail to be very painful to those who cherish the hope that Japan will be able to build her international commerce solely on the principle of a fair field and no favour, and it is a national hope. In view of this, the step taken by the Osaka Commerce Bureau is not untimely; but we think it not enough-the central authorities should move in the matter.
up
(No. II.). Sir,
Sir A. Hosie to Sir J. Jordan.
Shanghae, December 26, 1907. I HAVE the honour to inform you that I am transmitting to you to-day a jar of Gosnell's tooth paste, together with a Japanese imitation. The latter I purchased in a Chinese shop in the French Settlement here, and it is a good example of the intent to deceive.
On the face of the Japanese jar the word "beautifying " is mis-spelt, and "M. Matsuya and Co., Naniwa," is substituted for "John Gosnell and Co. (Limited), London," while “trade-mark" replaces "Extra Moist"; but on the dark label on the side Gosnell's "London, England" is superseded by London, Naniwa," and the "Extra Moist" removed from the face reappears on the red label encircling the jar. On the dark label, too," Patronise by the Queen" appears in place of " Patronized by the Queen."
I have, &c. (Signed)
Ο
ALEX. HOSIE,
Acting Commercial Attaché.
289
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