This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
13251
305
[February 25.1 APR 08
SECTION 2.
[5614]
No. 1.
Foreign Office to Manchester Chamber of Commerce.
Sir,
Foreign Office, February 25, 1908. I AM directed by Secretary Sir E. Grey to acknowledge the receipt of your letter of the 27th November, 1907, respecting the protection of British trade-marks in China. The Manchester Chamber of Commerce desire information on the following two points :--
(a.) What information this Department possesses as to the issue by the Chinese Customs authorities on payment of a fee of certificates of ownership of trade-marks and what view is taken as to this issue.
(b.) Whether it is essential, with a view to obtaining protection for a British mark in a German Court in China, that the mark should have been registered in Germany.
A copy of your letter will be sent to His Majesty's Minister at Peking, but meanwhile I am to refer you, with regard to the first point, to the notice on the subject which appeared on the 10th ultimo in the "Board of Trade Journal.”
As regards the second point, I am to say that, under the terms of the arrangement arrived at with Germany in 1906, it is open to a German subject whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Court provided the Court is satisfied that effectual protection for British trade-marks exists in German Consular Courts in China. On the other hand, German Consular Courts in China are authorized to take legal proceedings against persons subject to their jurisdiction who make unauthorized use of a trade-mark duly registered in Germany in favour of a British subject.
&c.
I am,
(Signed)
F. A. CAMPBELL.
[2842 66-2]
This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
13251
305
[February 25.1 APR 08
SECTION 2.
[5614]
No. 1.
Foreign Office to Manchester Chamber of Commerce.
Sir,
Foreign Office, February 25, 1908. I AM directed by Secretary Sir E. Grey to acknowledge the receipt of your letter of the 27th November, 1907, respecting the protection of British trade-marks in China. The Manchester Chamber of Commerce desire information on the following two points :--
(a.) What information this Department possesses as to the issue by the Chinese Customs authorities on payment of a fee of certificates of ownership of trade-marks and what view is taken as to this issue.
;
(b.) Whether it is essential, with a view to obtaining protection for a British mark in a German Court in China, that the mark should have been registered in Germany.
A copy of your letter will be sent to His Majesty's Minister at Peking, but meanwhile I am to refer you, with regard to the first point, to the notice on the subject which appeared on the 10th ultimo in the "Board of Trade Journal.”
As regards the second point, I am to say that, under the terms of the arrangement arrived at with Germany in 1906, it is open to a German subject whose trade-mark has been infringed by a British subject in China to take proceedings against the latter in the British Court provided the Court is satisfied that effectual protection for British trade-marks exists in German Consular Courts in China. On the other hand, German Consular Courts in China are authorized to take legal proceedings against persons subject to their jurisdiction who make unauthorized use of a trade-mark duly registered in Germany in favour of a British subject.
&c.
I
am,
(Signed)
F. A. CAMPBELL.
[2842 66-2)
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