This Document is the Property of His Britannic Majesty's Government.]
0.0
13251
CHINA TRADE.
CONFIDENTIAL.
[9061]
No. 1.
[March 16.]
SECTION 1.
14 APR 08
Sir C. MacDonald to Sir Edward Grey.--(Received March 16.)
Tokió, February 17, 1908.
(No. 27.) Sir,
I HAVE the honour to acknowledge receipt of your telegram No. 4 of the 20th ultimo containing instructions as to the alterations which it was considered desirable should be made in the proposed Convention with Japan for the mutual protection of trade-marks in China and Corea.
These instructions were to the effect that the second paragraph of Article I should be struck out, that no separate Convention regarding Corea should be concluded, and that a new paragraph should be inserted in the following words: "A trading style or firm name or hong-mark shall be protected in both the countries of the contracting parties without necessity of registration, whether they form part of trade-marks or not." This new paragraph was carefully considered by the Commercial Attaché to this Embassy and by myself, and we came to the conclusion that it would not protect a trading style, firm name, or hong-mark in China or Corea, though it would do so in the United Kingdom and Japan. I was also of opinion that, as the Convention was for the express purpose of protecting trade-marks in China and Corea, we must presume that the new paragraph was intended to protect a trading style, firm name, or hong-mark in those countries also.
Under these circumstances I had the honour to telegraph on the 25th ultimo, my telegram No. 7, inquiring whether the words "trading style, firm name, or hong-mark" should not be inserted in Article II of the draft Convention after the word "trade-mark"—an insertion which would give them the same protection in China and Corea as would be enjoyed by trade-marks.
I am now awaiting a reply to this telegram before addressing a note to Count Hayashi in the sense of your telegram No. 4 of the 20th ultimo.
I have, &c. (Signed) CLAUDE M. MACDONALD,
[2889 4-1]
314
This Document is the Property of His Britannic Majesty's Government.]
0.0
13251
CHINA TRADE.
CONFIDENTIAL.
[9061]
No. 1.
[March 16.]..
SECTION 1.
14 APR 08
Sir C. MacDonald to Sir Edward Grey.--(Received March 16.)
Tokió, February 17, 1908.
(No. 27.) Sir,
I HAVE the honour to acknowledge receipt of your telegram No. 4 of the 20th ultimo containing instructions as to the alterations which it was considered desirable should be made in the proposed Convention with Japan for the mutual protection of trade-marks in China and Corea.
These instructions were to the effect that the second paragraph of Article I should be struck out, that no separate Convention regarding Corea should be concluded, and that a new paragraph should be inserted in the following words: "A trading style or firm name or hong-mark shall be protected in both the countries of the contracting parties without necessity of registration, whether they form part of trade-marks or not.' This new paragraph was carefully considered by the Commercial Attaché to this Embassy and by myself, and we came to the conclusion that it would not protect a trading style, firm name, or hong-mark in China or Corea, though it would do so in the United Kingdom and Japan. I was also of opinion that, as the Convention was for the express purpose of protecting trade-marks in China and Corea, we must presume that the new paragraph was intended to protect a trading style, firm name, or hong- mark in those countries also.
Under these circumstances I had the honour to telegraph on the 25th ultimo, my telegram No. 7, inquiring whether the words "trading style, firm name, or hong-mark should not be inserted in Article II of the draft Couvention after the word " trade-mark an insertion which would give them the same protection in China and Corea as would be enjoyed by trade-marks.
I am now awaiting a reply to this telegram before addressing a note to Count Hayashi in the sense of your telegram No. 4 of the 20th ultimo.
I have, &c. (Signed) CLAUDE M. MACDONALD,
[2889 4-1]
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