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into operation it was found that devises such as animals, 390 birds, fishes and other "common subjects" were in general
use throughout the piece goods trade and it was obvious that all such users could not be admitted as registered owners; therefore a rule was formed to the effect that where there were more than 3 applicants for the same device (made before a specified date) registration could not be effected, but although the applications were not accepted for registration, they were allowed to remain "on record" and were termed
"Second class Marks".
After such specified date all applications having a resemblance to either the registered marks or the "Second class marks" were refused registration altogether.
As an example of what I mean take the devise of 9 lions worked in a circle; this under British Trade Mark rules is not a registerable subject but for purpose of trade is a district
and valuable Chop mark.
been
A further style of "proprietory" marks is a vast collection of Chop Designs which have, from time to time, sent home by merchants; these designs although novel in idea and differing in their symbolic meaning from those already in use, did not, in the opinion of the Trade Mark Officg contain; elements of sufficient novelty to obtain registration.
I may say that during the last twenty years 99% of the new Designs sent home have come under this category. The Trade Marke Office, whilst refusing registration of these Marks, issues Certificates of Refusal and these Chops also remain 'on record", and probably 75% are utilised by the Home firms as Chops, which also, through usership, acquire proprietory rights capable of being legally protected against subsequent infringement in Great Britain,
These "registered", "Second Class" and "Recorded" marks amount to some 40 to 50 thousand for China Market alone and
the majority of them are to-day in regular use and are of great value to their owners who would welcome their inclusion
in
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