([This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[41215]
No. 1.
[November 30.]
SECTION 1.
Sir,
Foreign Office to Board of Trade.
Foreign Office, November 30, 1908. WITH reference to previous correspondence, I am directed by Secretary Sir E. Grey to transmit to you, to be laid before the Board of Trade, copies of correspondence with Messrs. C. and E. Morton,* in regard to the protection of trade-marks in China and Japan.
Sir E. Grey proposes that a reply should be sent to Messrs. Morton's last letter to the following effect:
The firm should be recommended to obtain a translation of the Japanese Trade-mark Law, and should be informed that one will be found in a paper presented to Parliament in 1900 (Commercial No. 2 of that year (Cd. 104)), which is obtainable through any bookseller at the price of 1s. 1d.
It would appear that they are under a misconception as to the principle upon which the Japanese Trade-mark Law is based. In Japan, as in practically all the principal countries of the world except Great Britain and the United States of America, registration of a trade-mark is the test of ownership, and a trade-mark does not, therefore, in the eyes of Japanese law, belong to any one until it has been registered; and it seems to Sir E. Grey that to request the Japanese Government to allow the registration of a trade-mark to be cancelled at any time on proof of prior use of the mark by another party would be equivalent to asking them to abandon the whole principle on which their Law is based, a principle which, as stated above, is that followed by nearly all the most important States of the world.
Messrs. Morton's attention would at the same time be invited to Article 2 (3) of the Japanese Law, which states that words, devices, or marks in regard to which the apprehension exists that they will deceive people cannot be registered in Japan as trade-marks, and it would be suggested that they should consult a patent agent in Japan as to the means by which protection could best be obtained for unregistered British trade-marks under the terms of this Article, which seems to be of a comprehensive character.
I am to request that the Board will state at their earliest convenience whether they concur in this reply.
I am, &c.
(Signed)
F. A. CAMPBELL.
Messrs. Morton, November 4; to ditto, November 20; Messrs. Morton, November 24, 1908.
[2020 gg-1]
540
([This Document is the Property of His Britannic Majesty's Government.]
CHINA TRADE.
CONFIDENTIAL.
[41215]
No. 1.
[November 30.]
SECTION 1.
Sir,
Foreign Office to Board of Trade.
Foreign Office, November 30, 1908. WITH reference to previous correspondence, I am directed by Secretary Sir E. Grey to transmit to you, to be laid before the Board of Trade, copies of correspondence with Messrs. C. and E. Morton,* in regard to the protection of trade- marks in China and Japan.
Sir E. Grey proposes that a reply should be sent to Messrs. Morton's last letter to the following effect :---
The firm should be recommended to obtain a translation of the Japanese Trade- mark Law, and should be informed that one will be found in a paper presented to Parliament in 1900 (Commercial No. 2 of that year (Cd. 104)), which is obtainable through any bookseller at the price of 18. 140.
It would appear that they are under a misconception as to the principle upon which the Japanese Trade-mark Law is based. In Japan, as in practically all the principal countries of the world except Great Britain and the United States of America, registration of a trade-mark is the test of ownership, and a trade-mark does not, therefore, in the eyes of Japanese law, belong to any one until it has been registered; and it seems to Sir E. Grey that to request the Japanese Government to allow the registration of a trade-mark to be cancelled at any time on proof of prior use of the mark by another party would be equivalent to asking them to abandon the whole principle on which their Law is based, a principle which, as stated above, is that followed by nearly all the most important States of the world.
Messrs. Morton's attention would at the same time be invited to Article 2 (3) of the Japanese Law, which states that words, devices, or marks in regard to which the apprehension exists that they will deceive people cannot be registered in Japan as trade-marks, and it would be suggested that they should consult a patent agent in Japan as to the means by which protection could best be obtained for unregistered British trade-marks under the terms of this Article, which seems to be of a compre- hensive character.
I am to request that the Board will state at their earliest convenience whether they concur in this reply.
I am, &c.
(Signed)
F. A. CAMPBELL.
Mossrs, Morton, November 4; to ditto, November 20; Messrs. Morton, November 24, 1908.
[2020 gg-1]
540
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