Declaration which it is suggested should be appended to the Convention on the part of Japan.
The Japanese Government engage that, pending further legislation, the broadest possible construction will be given to the provisions of the Japanese Trade Mark Law for the protection of the rightful owners of trade marks by the rejection and cancellation of wrongful registrations.
Registration will be refused to all those marks which tend in any way to deceive the public or which contain any misrepresentation as to the place of origin, quality, etc.
In the case of marks already registered the same rule will be applied, and if any trade-mark is found, upon examination, to be designed to deceive or work fraud upon the public it will be cancelled, no matter how long it may have been registered.
An applicant for registration who finds that his mark has been imitated or wrongfully registered by another person may present evidence to prove that he is the original and rightful owner of such mark
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213
Declaration which it is suggested should be appended to the Convention on the part of Japan.
The Japanese Government engage that, pending
further legislation, the broadest possible construc-
tion will be given to the provisions of the Japanese
Trade Mark Law for the protection of the rightful
owners of trade marks by the rejection and cancella-
tion of wrongful registrations.
Registration will be refused to all those marks
which tend in any way to deceive the public or which
contain any misrepresentation as to the place of
origin, quality, etc.
In the case of marks already registered the
same rule will be applied, and if any trade-mark is
found, upon examination, to be designed to deceive
or work fraud upon the public it will be cancelled,
no matter how long it may have been registered.
An applicant for registration who finds that
his mark has been imitated or wrongfully registered
by another person may present evidence to prove that
he is the original and rightful owner of such mark
and
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