CO129-367 - Acting Governor May - 1910 [6-7] — Page 409

•Y P I.

ess ofon

Hon. Colonial Secretary,

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YZAJ STOGE #

I submit that the legislation suggested by

the Secretary of State is most undesirable.

2.

I am not aware of the nature or extent of

the trade in cotton goods in Southern Nigeria, but the condi-

-tions there are probably widely different from those obtaining

in Hongkong. Hongkong is not only a distributing centre for a

very large amount of cotton goods, but it is also a manufactur➡

-ing centre with mills of considerable size; and its market is

supplied not merely from England but from all parts of the

world.

"

There are more marks registered in respect

of cotton goods than in respect of any other description of

goods, and a great number of these marks are chops of Chinese

design which are used exclusively in the Chinese trade. The

Hongkong and Chinese market is quite separate and distinct from

the English market, and any English Merchant trading with

China is entitled to apply for local registration.

*

The English merchant is protected, by

section 42 of the Trade Marks Ordinance 190-9, which section

was inserted for the purpose of preventing the pirating of

marks. See also section 21 which provides for cases of pirat-

-ing brought to the knowledge of the Registrar before registra-

-tion; and it is further possible that under section 35 (3)

the Registrar could get a pirated mark struck off the register,

on the ground that registration was obtained by a fraudulent

affidavit to the effect that the applicant was the exclusive

proprietor - see Rules second schedule, form 2.

5.

If the proposed legislation is adopted

traders in cotton goods will be put to much vexations delay and

expense, the latter sufficient to prohibit the small merchant

from registering a chop which is his bona-fide property. It is

true that the Imperial Merchandise Marks Act is with certain

modifications in force in the Colony but the local merchants

would not be content with the protection afforded by the Mar

-chandize