CO129-353 - Public Offices - 1908 — Page 539

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

535

great markets of Japanese goods, not only against the infringement of their own countrymen, but also against that of people of foreign countries which are or may become parties to the Conventions. It is therefore hoped that our business men should make the most of the protection secured for them in China and Corea, and advance their interests in these great markets. Before leaving, I must remind our merchants of the instructions given by the Minister of Agriculture and Commerce some time ago. Should there be any unscrupulous Japanese traders who would be base enough to pirate trade-marks of foreigners not amenable to these Conventions, such traders would not only bring dishonour upon their nation, but would injure their own interests. For spurious goods bearing a pirated trade-mark may pass for genuine ones for a time, but before long they will be discovered; when once discovered, the result will bring discredit on the goods, which may extend to whole Japanese merchandize. Our merchants should therefore strictly follow the instructions of the Minister, and try to promote the sale of their goods only by fair and honourable competition.

[This Document is the Property of His Britannic Majesty's Government.

CHINA TRADE.

CONFIDENTIAL.

[40634]

(No. 281.) Sir,

No. 1.

4€824

[November 21,

$t,

SECTION 2. 21 DEC OE

Sir C. MacDonald to Sir Edward Grey,-(Received November 21.)

Tokió, October 25, 1908.

I HAVE the honour to inclose herewith facsimile of a trade-mark registered No. 33855 in class 36 for hats.*

It will be noticed that this mark is surmounted by a representation of the British arms, and I consider it most unlikely that either Mr. Y. Y. Sye or Mr. Yoshii Yasukichi, in whose name the mark is registered, has been granted permission to use these arms.

The Japanese Trade-mark Law does not permit of registration being granted to marks which are identical with, or similar to, the national flags of other countries, but nothing is said about armorial bearings of countries other than Japan, unless they can be considered as included in Article 2, section 3, "Marks calculated to deceive the Public."

I find on p. 319 of K, R. Swan's book on "Patents, Designs, and Trade-marks" that, according to the British trade-mark rules: "If the armorial bearings of any foreign State, &c., appear upon a trade-mark, the Registrar may require to be satisfied that these representations are used with proper consent or justification."

If you approve of the suggestion, I would propose to ask Count Komura to make arrangements with the Patent Bureau which would prevent their granting registration to any applicant for a trade-mark containing a representation of the British arms unless such applicant could prove that he was empowered to use them.

It is worth noting that, although there is not any very great likeness between this mark and that of Messrs. Christy's, of London, the fact that both are used for hats and that both consist chiefly of the British arms would lead one to suppose that Mr. Yoshii adopted this mark with a view to the possible deception of the public.

I have, &c.

CLAUDE M. MacDONALD.

(Signed)

* Not printed.

[2020 *-2]

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535 4 great markets of Japanese goods, not only against the infringement of their own countrymen, but also against that of people of foreign countries which are or may become parties to the Conventions. It is therefore hoped that our business men should make the most of the protection secured for them in China and Corea, and advance their interests in these great markets. Before leaving, I must remind our merchants of the instructions given by the Minister of Agriculture and Commerce some time ago. Should there be any unscrupulous Japanese traders who would be base enough to pirate trade-marks of foreigners not amenable to these Conventions, such traders would not only bring dishonour upon their nation, but would injure their own interests. For spurious goods bearing a pirated trade-mark may pass for genuine ones for a time, but before long they will be discovered; when once discovered, the result will bring discredit on the goods, which may extend to whole Japanese merchandize. Our merchants should therefore strictly follow the instructions of the Minister, and try to promote the sale of their goods only by fair and honourable competition. [This Document is the Property of His Britannic Majesty's Government. CHINA TRADE. CONFIDENTIAL. [40634] (No. 281.) Sir, No. 1. 4€824 [November 21, $t, SECTION 2. 21 DEC OE Sir C. MacDonald to Sir Edward Grey,-(Received November 21.) Tokió, October 25, 1908. I HAVE the honour to inclose herewith facsimile of a trade-mark registered No. 33855 in class 36 for hats.* It will be noticed that this mark is surmounted by a representation of the British arms, and I consider it most unlikely that either Mr. Y. Y. Sye or Mr. Yoshii Yasukichi, in whose name the mark is registered, has been granted permission to use these arms. The Japanese Trade-mark Law does not permit of registration being granted to marks which are identical with, or similar to, the national flags of other countries, but nothing is said about armorial bearings of countries other than Japan, unless they can be considered as included in Article 2, section 3, "Marks calculated to deceive the Public." I find on p. 319 of K, R. Swan's book on "Patents, Designs, and Trade-marks" that, according to the British trade-mark rules: "If the armorial bearings of any foreign State, &c., appear upon a trade-mark, the Registrar may require to be satisfied that these representations are used with proper consent or justification." If you approve of the suggestion, I would propose to ask Count Komura to make arrangements with the Patent Bureau which would prevent their granting registration to any applicant for a trade-mark containing a representation of the British arms unless such applicant could prove that he was empowered to use them. It is worth noting that, although there is not any very great likeness between this mark and that of Messrs. Christy's, of London, the fact that both are used for hats and that both consist chiefly of the British arms would lead one to suppose that Mr. Yoshii adopted this mark with a view to the possible deception of the public. I have, &c. CLAUDE M. MacDONALD. (Signed) * Not printed. [2020 *-2]

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535 4 great markets of Japanese goods, not only against the infringement of their own countrymen, but also against that of people of foreign countries which are or may It is therefore hoped that our business men become parties to the Conventions. should make the most of the protection secured for them in China and Corea, and advance their interests in these great markets. Before leaving, I must remind our merchants of the instructions given by the Minister of Agriculture and Commerce some time ago. Should there be any unscrupulous Japanese traders who would be base enough to pirate trade-marks of foreigners not amenable to these Conventions, such traders would not only bring dishonour upon their nation, but would injure their own interests. For spurious goods bearing a pirated trade-mark may pass for genuine ones for a time, but before long they will be discovered; when once discovered, the result will bring discredit on the goods, which may extend to whole Japanese merchandize, Our merchants should therefore strictly follow the instructions of the Minister, and try to promote the sale of their goods only by fair and honourable competition. [This Document is the Property of His Britannic Majesty's Government. CHINA TRADE. CONFIDENTIAL. [40634] (No. 281.) Sir, No. 1. 4€824 [November 21, $t, SECTION 2. 21 DEC OE Sir C. MacDonald to Sir Edward Grey,-(Received November 21.) Tokió, October 25, 1908. I HAVE the honour to inclose herewith facsimile of a trade-mark registered No. 33855 in class 36 for hats.* It will be noticed that this mark is surmounted by a representation of the British arms, and I consider it most unlikely that either Mr. Y. Y. Sye or Mr. Yoshii Yasukichi, in whose name the mark is registered, has been granted permission to use these arms. The Japanese Trade-mark Law does not permit of registration being granted to marks which are identical with, or similar to, the national flags of other countries, but nothing is said about armorial bearings of countries other than Japan, unless they can be considered as included in Article 2, section 3, " Marks calculated to deceive the Public." I find on p. 319 of K, R. Swan's book on "Patents, Designs, and Trade-marks" that, according to the British trade-mark rules: "If the armorial bearings of any foreign State, &c., appear upon a trade-mark, the Registrar may require to be satisfied that these representations are used with proper consent or justification." If you approve of the suggestion, I would propose to ask Count Komura to make arrangements with the Patent Bureau which would prevent their granting registration to any applicant for a trade-mark containing a representation of the British arms unless such applicant could prove that he was empowered to use them. It is worth noting that, although there is not any very great likeness between this mark and that of Messrs. Christy's, of London, the fact that both are used for hats and that both consist chiefly of the British arms would lead one to suppose that Mr. Yoshii adopted this mark with a view to the possible deception of the public. I have, &c. CLAUDE M. MacDONALD. (Signed) * Not printed. [2020 *-2]

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535

great markets of Japanese goods, not only against the infringement of their own countrymen, but also against that of people of foreign countries which are or may It is therefore hoped that our business men become parties to the Conventions. should make the most of the protection secured for them in China and Corea, and advance their interests in these great markets. Before leaving, I must remind our merchants of the instructions given by the Minister of Agriculture and Commerce some time ago. Should there be any unscrupulous Japanese traders who would be base enough to pirate trade-marks of foreigners not amenable to these Conventions, such traders would not only bring dishonour upon their nation, but would injure their own interests. For spurious goods bearing a pirated trade-mark may pass for genuine ones for a time, but before long they will be discovered; when once discovered, the result will bring discredit on the goods, which may extend to whole Japanese merchandize, Our merchants should therefore strictly follow the instructions of the Minister, and try to promote the sale of their goods only by fair and honourable competition.