CO129-351 - Public Offices - 1908 — Page 540

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take, to obviate the risk of the same trade-marks being synchronically registered by two different bureaux.

2. In reply, I have the honour to suggest that the term "provisional registra- tion" does not quite accurately describe the recording process which actually takes place, and of which I shall now have the honour to offer you a somewhat detailed description.

3. The Mackay Treaty, and other Treaties subsequently concluded, appealed to the Chinese Government to make provision for the protection of trade-marks through- out the Empire; and thereupon merchants and others interested commenced to forward to the custom-house trade-marks for eventual registration.

4. But, subsequent to the opening of the Registration Office in Shanghae on the 24th October, 1904, the proposed Trade-mark Regulations submitted by the Board of Trade (Shang Pu) to the throne were not agreed to by the foreign Representatives, i... after a large number of trade-marks had already been filed." For record's sake, the marks were, however, numbered in a special series, according to date and hour- of receipt, and a receipt issued to the applicants-who, by deposing their trade-marks, had intimated to the Chinese authorities their intention to avail themselves, later on, of the Government's protection. This receipt, of which copy is inclosed, merely stated that a certain mark had been received and recorded "pending the coming into force of the Regulations governing the registration of trade-marks in China,' and bore a number in the trade-mark series above mentioned.

5. Practically speaking, the matter therefore remains in statu quo ante. The Customs will afford what moral support they can in cases of infringement. The merchant, on the other hand, will not be bound to register all or any of his recorded marks when the Patent Law is eventually promulgated, if, on account of high fees and disproportionate importance of a trade-mark, he should desire to withdraw his application.

6. The sole advantage of recording a trade-mark is the right of priority which it gives-to have the trade-mark dealt with before others once the law is put into force. This point has been more than once discussed by Sir Alexander Hosie, Dr. Delius--the British and German Commercial Attachés--and the Custom assistant in charge of the Trade-Marks Office; and the former have strongly advised their Legations to agree to no law which does not take into account the marks recorded to date in Shanghae and Tien-tsin.

7. When the law comes into force registration will, of course, apply to the whole Empire, and simultaneous registration of a mark by two owners-e.g., in Shanghae and Tien-tsin-will be impossible, as both branch offices will be instructed to forward all applications for registration to the head office-in Peking or wherever it may be established.

I have, &c. (Signed)

H. E. HOBSON,

Commissioner of Customs.

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Inclosure 4 in No. 1.

Form of Acknowledgment of Receipt.

Branch Office of the Bureau for Registration of Trade-marks, Dear Sir,

Shanghae,

190 I AM directed to acknowledge the receipt of your letter dated the forwarding specimen of one trade-mark, described as (consisting of)

in respect of

to be put on record, pending the coming into force of the Regulations governing the registration of trade-marks in China, and in reply to inform you that this mark has been temporarily filed in the archives of the office under reference number

dated the

J

I am, &c.

Dear Sir,

Inclosure 3 in No. 1.

Form of Receipt.

Branch Office of the Bureau for Registration of Trade-marks,

Shanghae,

I AM directed to inform you that the office on the

190

Consul-General deposited at this

at your request and on behalf of

specimen of one trade-mark, consisting of (described as)

of

in respect

to be put on record, pending the coming into force of the Regu- lations governing the registration of trade-marks in China, and further now to state that this mark has been temporarily filed in the archives of this office under reference number

I am, &c.

dated the *

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