Document is the Property of His Britannic Majesty's Government.]
244
C.O.
28605
TRADE.
CONFIDENTIAL.
$14]
No. 1.
[July 10.]
SECTION
6 AUG 08
Manchester Chamber of Commerce to Sir Edward Grey.-(Received July 10.)
Chamber of Commerce, Manchester, July 9, 1908.
WE have the honour to acknowledge the receipt of your letter of the 27th ultimo, sending a copy of the United States-Japan Trade-marks Convention, and also inclosing, for confidential consideration, a copy of a draft Convention between this country and Japan for the mutual protection of trade-marks in China. This draft has been carefully considered by the Trade-marks Committee of this Chamber, and I am instructed to make the following observations thereon :-
Article 1 only gives protection to trade-marks "duly registered (a) by British subjects in Japanese registries and (b) Japanese subjects in British registries. The proportion of British trade-marks registered in Japan is quite insignificant relatively to the proportion in use in China and Corea registered in England and unregistered. The Japanese Law enacts that (a) the first applicant secures prior right to registration and (b) that ownership cannot be challenged unless proceedings be taken within five years from date of registration by the person aggrieved.
Ratification of the proposed Convention would imply an acceptance of these conditions, which would be most detrimental to British owners of trade-marks in China. It is known that there are on the Japanese register a number of imitations of well-known British marks. The China Association's Secretary at Shanghae, writing to His Majesty's Consul-General at Shanghae on the 13th December, 1907, enumerated fifteen such imitations. Specimens of two glaring imitations by Japanese of marks on cotton goods have been sent to the Manchester Chamber of Commerce, and were illustrated in the "Manchester Guardian" of the 3rd July (cutting inclosed). Both of these are on the Japanese register, one dating as far back as 1900. It is further understood that a large number of Japanese marks were deposited at the Registration Office at Shanghae soon after it was opened in October 1904. These marks probably include some which will conflict with British marks, nevertheless they will possess a right of priority to be dealt with in preference to marks deposited later, or not deposited, when the Chinese Registration Law comes into force.
The Committee submit that, before any Anglo-Japanese Convention relating to trade-marks is agreed upon, the Japanese law and practice require amendment to conform more nearly to British law and practice. Only by such amendment can approximately equal advantages be obtained by each nation. The Committee further submit that opportunity should be taken to insist upon the necessity of vigorous action on the part of the Japanese Government to put a stop to such gross imitations as are referred to above. Such practices not only constitute a grave injustice to British firms, but they tend to create world-wide prejudice and suspicion regarding the methods of Japanese traders.
The Manchester Chamber of Commerce has, since 1905, consistently maintained that the status of British marks, whether registered or unregistered, which have been in undisputed use in China by British firms or their agents for many years, should be recognised and protected in any legislative enactment in that country, and the Committee urges that similar provisions should be made under Japanese law to secure fair and equitable treatment.
As practical suggestions, the Committee points out that Article 2, sub-heading 5, of the Japanese Law of 1899 is much too vague, and ought to be amended to read as follows :-
"Marks which cannot be registered.-Any numerals, words or marks, or arrangement or combination thereof, whether including a registered trade-mark or not, which are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of another person."
* Not printed.
[1844 k-2]
Document is the Property of His Britannic Majesty's Government.]
244
C.0.
28605
TRADE.
FIDENTIAL.
$14]
No. 1.
[July 10.]
SECTION
6 AUG 08
Manchester Chamber of Commerce to Sir Edward Grey.-(Received July 10.)
Chamber of Commerce, Manchester, July 9, 1908.
HAVE the honour to acknowledge the receipt of your letter of the 27th ultimo, sing a copy of the United States-Japan Trade-marks Convention, and also inclosing, onfidential consideration, a copy of a draft Convention between this country and for the mutual protection of trade-marks in China. This draft has been care- considered by the Trade-marks Committee of this Chamber, and I am instructed for the following observations thereon :-
Article 1 only gives protection to trade-marks "duly registered
77
by (a) British ecis in Japanese registries and (b) Japanese subjects in British registries. The ortion of British trade-marks registered in Japan is quite insignificant relatively e proportion in use in China and Corea registered in England and unregistered. The Japanese Law enacts that (a) the first applicant secures prior right to registra and (b) that ownership cannot be challenged unless proceedings be taken within years from date of registration by the person aggrieved.
Batification of the proposed Convention would imply an acceptance of these itions, which would be most detrimental to British owners of trade-marks in China. known that there are on the Japanese register a number of imitations of well- British marks. The China Association's Secretary at Shanghae, writing to His sty's Consul-General at Shanghae on the 13th December, 1907, enumerated in ifteen such imitations. Specimens of two glaring imitations by Japanese of marks on cotton goods have been sent to the Manchester Chamber of Commerce, were illustrated in the "Manchester Guardian" of the 3rd July (cutting inclosed).” these are on the Japanese register, one dating as far back as 1900. It is further that a large number of Japanese marks were deposited at the Registration Office anghae soon after it was opened in October 1904. These marks probably include which will conflict with British marks, nevertheless they will possess a right of ity to be dealt with in preference to marks deposited later, or not deposited, when inese Registration Law comes into force.
The Committee subunit that, before any Anglo-Japanese Convention relating to marks is agreed upon, the Japanese law and practice require amendment to orm more nearly to British law and practice. Only by such amendment cau ximately equal advantages be obtained by each nation. The Committee further it that opportunity should be taken to insist upon the necessity of vigorous action e part of the Japanese Government to put a stop to such gross imitations as are red to above. Such practices not only constitute a grave injustice to British s, but they tend to create world-wide prejudice and suspicion regarding the ds of Japanese traders.
The Manchester Chamber of Commerce has, since 1905, consistently maintained the status of British marks, whether registered or unregistered, which have been disputed use in China by British firms or their agents for many years, should be ized and protected in any legislative enactment in that country, and the Com- urges that similar provisions should be made under Japanese law to secure and fair treatment.
as practical suggestions, the Committee points out that Article 2, sub-heading 5, Japanese Law of 1899 is much too vague, and ought to be amended to read as
S-
"Marks which cannot be registered.-Any uumerals, words or marks, or arrange- er combination thereof, whether including a registered trade-mark or not, as are onably calculated to lead persons to believe that the goods are the manufacture or
* Not printed.
[1844 k-2]
No comments yet.
Private notes are available after approval.