[This Document is the Property of His Britannic Majesty's
313
Government.251
Japanese of foreign trade-marks, the property of others, and of colourable imitations of these marks can have only one meaning - an intention to deceive the buyer; and, in view of clause 3 of Article 2 of the Japanese Trade-marks Law, which provides that "trade-marks in regard to which the apprehension exists that they will deceive people cannot be registered," it seems to me that Japan might well be called upon to remove from her Trade-mark Register all marks registered by Japanese which can be clearly proved to be the property of others, and to amend the law so as to make it a punishable offence to counterfeit and produce colourable imitations of the marks of others.
As the Japanese are allowed by law to claim as Japanese trade-marks British marks which they have counterfeited and succeeded in registering at the Patent Bureau in Japan, any Convention between Great Britain and Japan for the reciprocal protection of their trade-marks in China would, in my opinion, be of little practical value until the Japanese law is amended or an Agreement arrived at between Great Britain and Japan for the protection of their respective trade-marks in the country of the other. Such a Convention, if signed now, could merely protect in China from infringement by Japanese British trade-marks actually registered in Japan as British and would not cover the case of British marks which have been counterfeited and registered in Japan as Japanese marks.
(Signed) ALEX. HOSIE,
Shanghae, February 17, 1908.
Acting Commercial Attaché.
CHINA TRADE,
CONFIDENTIAL.
[10265]
No. 1.
1440 08
[March 25.]
SECTION 1.
Board of Trade to Foreign Office.-(Received March 25.)
Sir,
Board of Trade, March 24, 1908. WITH reference to your letter of the 10th instant, transmitting a copy of a telegram from His Majesty's Ambassador at Tôkió as to the interpretation of Article 1, paragraph 2, and Article 2 of the British counter-project for a Convention with Japan for the mutual protection of trade-marks in China and Corea, I am directed by the Board of Trade to state, for the information of Sir E. Grey, that Sir C. MacDonald has correctly interpreted their intention in putting forward the alterations to which he refers. It would, however, appear to be necessary, in order to make matters perfectly clear, to introduce a corresponding alteration in the preamble of the draft Convention, and this might possibly take the shape of the insertion after the words "trade-marks of their subjects" of the words "and of making provision for the mutual protection of trading names and Hong marks."
I am, &c.
(Signed)
T. W. P. BLOMEFIELD.
[2889 bb-1]
[This Document is the Property of His Britannic Majesty's
313
Government.251
Japanese of foreign trade-marks, the property of others, and of colourable imitations of these marks can have only one meaning-an intention to deceive the buyer; and, in view of clause 3 of Article 2 of the Japanese Trade-marks Law, which provides that "trade-marks in regard to which the apprehension exists that they will deceive people cannot be registered," it seems to me that Japan might well be called upon to remove from her Trade-mark Register all marks registered by Japanese which can be clearly proved to be the property of others, and to amend the law so as to make it a punishable offence to counterfeit and produce colourable imitations of the marks of others.
As the Japanese are allowed by law to claim as Japanese trade-marks British marks which they have counterfeited and succeeded in registering at the Patent Bureau in Japan, any Convention between Great Britain and Japan for the reciprocal protection of their trade-marks in China would, in my opinion, be of little practical value until the Japanese law is amended or an Agreement arrived at between Great Britain and Japan for the protection of their respective trade-marks in the country of the other. Such a Convention, if signed now, could merely protect in China from infringement by Japanese British trade-marks actually registered in Japan as British and would not cover the case of British marks which have been counterfeited and registered in Japan as Japanese marks.
(Signed) ALEX. HOSIE,
Shanghae, February 17, 1908.
Acting Commercial Attaché.
CHINA TRADE,
CONFIDENTIAL.
[10265]
No. 1.
1440 08
[March 25.]
SECTION 1.
Board of Trade to Foreign Office.-(Received March 25.)
Sir,
Board of Trade, March 24, 1908. WITH reference to your letter of the 10th instant, transmitting a copy of a telegram from His Majesty's Ambassador at Tôkió as to the interpretation of Article 1, paragraph 2, and Article 2 of the British counter-project for a Convention with Japan for the mutual protection of trade-marks in China and Corea, I am directed by the Board of Trade to state, for the information of Sir E. Grey, that Sir C. MacDonald has correctly interpreted their intention in putting forward the alterations to which he refers. It would, however, appear to be necessary, in order to make matters perfectly clear, to introduce a corresponding alteration in the preamble of the draft Convention, and this might possibly take the shape of the insertion after the words "trade-marks of their subjects" of the words "and of making provision for the mutual protection of trading names and Hong marks."
I am, &c.
(Signed)
T. W. P. BLOMEFIELD.
[2889 bb-1]
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