CO129-353 - Public Offices - 1908 — Page 742

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

737

A mark does not, therefore, in the eyes of Japanese law, belong to anyone 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.

I am at the same time to invite your attention 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 I am to suggest that you 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.

In, Gentlemen,

Your most obedient,

humble Servant,

(Signed) F. A. Campbell.

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737 A mark does not, therefore, in the eyes of Japanese law, belong to anyone 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. I am at the same time to invite your attention 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 I am to suggest that you 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. In, Gentlemen, Your most obedient, humble Servant, (Signed) F. A. Campbell.

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737 cark does not, therefore, in the eyes of Japanese law, belong to anyone until it has been registered; and it Beams to Sir E. Grey that to request the Japanese Cov- ernment 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 sking them to abandon the whole principle on which their law is basud, a principle which, as stated above, is that followed by nearly 11 the most important Status of the World. I am at the same time to invite your attention to Article 2 (3) of the Japanese law which states thut words, devices or marks in regard to which the pro- hension exists that they will accuivo people cannot be registored in Japan as trade marks; und I on to aug- gest that you should consult a Pubunt Agunt in Jajien củ to the means by which protection could best be obb: incd for unregistered British trade marke unger thu terms of this Article, which seems to be of a compreh mulve character. In, Gentlemon, Your most obedient, humble Survunt, (Signed) F. A. Campbell.

2026-06-07 12:48:26 · Baseline

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737

cark does not, therefore, in the eyes of Japanese law,

belong to anyone until it has been registered; and it

Beams to Sir E. Grey that to request the Japanese Cov-

ernment 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 sking them to

abandon the whole principle on which their law is basud,

a principle which, as stated above, is that followed by

nearly 11 the most important Status of the World.

I am at the same time to invite your attention to

Article 2 (3) of the Japanese law which states thut

words, devices or marks in regard to which the pro-

hension exists that they will accuivo people cannot be

registored in Japan as trade marks; und I on to aug-

gest that you should consult a Pubunt Agunt in Jajien củ

to the means by which protection could best be obb: incd

for unregistered British trade marke unger thu terms of

this Article, which seems to be of a compreh mulve

character.

In, Gentlemon,

Your most obedient,

humble Survunt,

(Signed) F. A. Campbell.

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