CO129-353 - Public Offices - 1908 — Page 87

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This Document is the Property of His Britannic Majesty's Government.] 83

CHINA TRADE.

C.O.

[October 1039167

C

CONFIDENTIAL.

[35072]

No. 1.

SECTION 27

1927 001 08

(No. 233.) Sir,

Sir C. MacDonald to Sir Edward Grey.--(Received October 10.)

Tekið, September 12, 1908.

WITH reference to your telegram No. 21 of the 28th March last, and inclosure No. 2 in my despatch No. 96 of the 15th April, on the subject of trade-marks registered in Japan but used only in China and Corca, I have now the honour to forward herewith copy of a note which I addressed to Count Hayashi, and a translation of a reply from Count Komura dealing with this subject and the effect which Article 12 of the Japanese Trade-mark Law might have on it.

You will observe that Count Komura says that he is unable to give the assurance of the Japanese Government on this matter, but he quotes the opinion of the Minister of Agriculture and Commerce, who says that under the present Japanese law it is not necessary in obtaining registration of a trade-mark to have a business in Japan at the time. He also considers that, even though business is given up in Japan, the trade- mark rights do not expire if the business is continued in a foreign country in which the mark was registered.

It would appear, therefore, according to this interpretation, that "use" in the Japanese Trade-mark Law does not necessarily mean "use in Japan."

I have, &c. (Signed)

CLAUDE M. MacDONALD.

Inclosure 1 in No. 1.

Sir C. MacDonald to Count Hayashi,

M. le Ministre,

Tokió, June 26, 1908. WITH reference to the Convention for the mutual protection of trade-marks in China and Corea which it has been proposed to conclude between our two countries, I have the honour to inform your Excellency that I have been instructed by His Majesty's Principal Secretary of State for Foreign Affairs to obtain definite information from your Excellency on the following point :-

There are probably a great many British trade-marks which are used in China and Corea, but not in Japan, which the owners thereof would desire to have protected in China and Corea from imitation by Japanese.

If the Convention is signed, will the Imperial Japanese Government be prepared in any case to vest their Courts in China and Corea with power to deal with cases of piracy by Japanese subjects in those countries of British marks registered in Japan with the object of obtaining such protection, and not necessarily with a view to use in Japan, conditionally upon His Majesty's Government according complete reciprocity ?

In other words, would the Imperial Japanese Government consider that British owners of British marks registered in Japan, but used only in China and Corea, will be entitled to the benefits of the Convention when signed?

For example, I would like an expression of opinion from your Excellency on the following point:

L4

Article 12 of the Japanese Trade-mark Law says: The right of exclusive use of a trade-mark expires with the cessation of the business for which it is used by the proprietor,"

Supposing that a British subject registered a trade-mark in the Japanese Patent Bureau for goods which he was dealing in in Japan and China, and that he subsequently found the mark unsuited to the Japanese market and gave up using it here, but continued the use of the mark in China, would it be possible for an interested party to demand the cancellation of the registration of the mark on the ground of the cessation of the business in Japan for which the mark was used by the proprietor ?

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