CO129-445 - Public Offices - 1917 — Page 398

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opinion, constituted a definite objection to the adoption

of the proposed Rules and Regulations,

To sum up the matter, if a Trade Marka Act is to be

formulated the claim for "Priority of User", as against

subsequent registration by others, must be a definite stipulation otherwise British trade in Cotton Piece-Goods will practically be stopped.

It appears to me that so soon as some settled form of

Government is achieved by the Chinese this question of Trade

marks Protection is one of sufficiently vital importance to British Merchants to call for stremous action on the part of

the representatives of the British Government in China and

that, if possible, the Japanese Government should be approached

with a view to proving to them the rights on which the British Claim for "Priority of User" are based and if possibly

getting their assent to amend the Rule referred to above.

Various cases might be given showing examples of goods bearing "Proprietory' Marks, giving declared dates of first shipment by British firms and submitting copies of Infringing marks which have been registered in Japan, during the last few

years,

So that everyone shall receive equitable treatment, it is

suggested that every application for registration shall include

a claim for first user giving the date of such user and the style of goods on which used, and that this claim shall be

declared to be true before a Commissioner of Oaths in Great

Britain, or similar tribunal abroad.

This would deter false claims being put forward and, if made and proved to be untrue, subject the declarant to penalty.

When peace terus are being discussed it is assumed that China will be represented and presumably the question of Treaty rights in China will also be discussed, in which case China's undertaking to protect and register Foreign Trade Marks could be made an essential part of any new Treaty rights agreed upon

and