C.O.
This Document is the property of His Britannic Majesty's Government
46270
Per
Recd 17 DEC 08
[November 9
AFFAIRS OF CHINA.
CONFIDENTIAL.
[38916]
No. 1.
SECTION 6.
(No. 243.) Sir,
Sir C. MacDonald to Sir Edward Grey.-(Received November 9.)
Tokió, September 18, 1908.
WITH reference to my despatch No. 233 of the 12th instant, on the subject of the use of trade-marks in Japan, I have the honour to forward herewith a Memorandum drawn up by the Commercial Attaché, in which he points out the difference which exists between foreign-registered marks and ordinary marks registered by foreigners in Japan.
I have, &c.
(signed) CLAUDE M. MACDONALD.
Inclosure in No. 1.
Memorandum respecting Trade-Marks in Japan.
Difference between foreign-registered Marks and ordinary Marks registered by Foreigners in Japan.
IN Count Komura's note of the 5th September, 1908, forwarded in Sir C. MacDonald's No. 233 of the 12th September on the subject of the use of trade-marks in Japan, the following sentence occurs: "But if a trade-mark is not a foreign-registered trade-mark, but is merely a trade-mark registered by a foreigner in the same way as a Japanese in Japan only, the right of exclusive use of the mark expires with the cessation of business in Japan and places to which the protection of the Japanese Trade-Mark Law extends."
It should be remembered in connection with this sentence that many marks which are, in actual fact, foreign marks registered abroad might be treated by the Japanese Patent Bureau merely as trade-marks registered by foreigners in the same way as a Japanese in Japan only.
The reason is as follows :-
Article 3 of the Japanese Trade-mark Law says:
"The term of exclusive use of a trade-mark is 20 years, and is reckoned from the date of registration in the register of trade-marks.
"The term of exclusive use of a trade-mark registered in the Empire which has been previously registered abroad follows the term for which the original registration is still valid; but it cannot exceed 20 years."
Now in the United Kingdom the period during which a mark remains on the register without payment of renewal fees is 14 years, so that according to Article 3 of the Trade-mark Law any British mark which is registered in accordance with Article 2 of the Trade-mark Rules (which reads as follows: "When any person wishes to obtain the registration in this Empire of a trade-mark which has been registered in a foreign country, the application shall be accompanied by a copy, certified by the Government of that country, of the certificate of registration and the specification of the trade-mark") would hold good for only 14 years instead of 20—a distinct loss of 6 years.
It has therefore been the custom amongst several Patent Agents to register a trade-mark in ordinary cases as if it were merely a mark registered by a foreigner in Japan, and not as a foreign-registered mark.
It is perhaps doubtful whether in actual practice a case would occur in which this distinction would render a mark invalid, but the point is nevertheless worth bearing in mind.
Yokohama, September 15, 1908.
(Signed) E. F. CROWE.
[2029 1-6]
492
C.O
This Document is the rroperty of His Britannic Majesty's Government
46270
Per
Rer 17 DEC 08
[November 9
AFFAIRS OF CHINA.
CONFIDENTIAL.
[38916]
No. 1.
SECTION 6.
(No. 243.) Sir,
Sir C. MacDonald to Sir Edward Grey.-(Received November 9.)
Tokió, September 18, 1908. WITH reference to my despatch No. 233 of the 12th instant, on the subject of the use of trade-marks in Japan, I have the honour to forward herewith a Memorandum drawn up by the Commercial Attaché, in which he points out the difference which exists between foreign-registered marks and ordinary marks registered by foreigners in Japan.
ts
12
I have, &c.
(signed) CLAUDE M. MACDONALD.
Inclosure in No. 1.
Memorandum respecting Trade-Marks in Japan.
Difference between foreign-registered Marks and ordinary Marks registered by Foreigners in Japan.
IN Count Komura's note of the 5th September, 1908, forwarded in Sir C. MacDonald's No. 233 of the 12th September on the subject of the use of trade-marks in Japan, the following sentence occurs: "But if a trade-mark is not a foreign- registered trade-mark, but is merely a trade-mark registered by a foreigner in the same way as a Japanese in Japan only, the right of exclusive use of the mark expires with the cessation of business in Japan and places to which the protection of the Japanese Trade-Mark Law extends."
It should be remembered in connection with this sentence that many marks which are, in actual fact, foreign marks registered abroad might be treated by the Japanese Patent Bureau merely as trade-marks registered by foreigners in the same way as a Japanese in Japan only.
The reason is as follows :-
Article 3 of the Japanese Trade-mark Law says:
"The term of exclusive use of a trade-mark is 20 years, and is reckoned from the date of registration in the register of trade-marks.
"The term of exclusive use of a trade-mark registered in the Empire which has been previously registered abroad follows the term for which the original registration is still valid; but it cannot exceed 20 years.'
37
Now in the United Kingdom the period during which a mark remains on the register without payment of renewal fees is 14 years, so that according to Article 3 of the Trade-mark Law any British mark which is registered in accordance with Article 2 of the Trade-mark Rules (which reads as follows: "When any person wishes to obtain the registration in this Empire of a trade-mark which has been registered in a foreign country, the application shall be accompanied by a copy, certified by the Government of that country, of the certificate of registration and the specification of the trade- mark") would hold good for only 14 years instead of 20-a distinct loss of 6 years.
It has therefore been the custom amongst several Patent Agents to register a trade-mark in ordinary cases as if it were merely a mark registered by a foreigner in Japan, and not as a foreign-registered mark.
It is perhaps doubtful whether in actual practice a case would occur in which this distinction would render a mark invalid, but the point is nevertheless worth bearing in mind.
Yokohama, September 15, 1908.
(Signed) E. F. OROWE.
[2029 1-6]
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