CO129-464 - Public Offices - 1920 — Page 310

eneury

the

Ex

with regard

trade marks

German

CIRCULAR.

70.9445720 7.10

Downing Street,

15th March, 1920.

Sir,

Colonie's for

which

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recevr

A

mandat?

(Signed) G. GRINDLE

I have the honour to inform you that the question of the treatment of trade marks belonging to German subjects, which have not been sold in the liquidation of enemy firms in the l'olonies not possessing responsible government and Protectorates, but have been rested in the local Custodian of Enemy

Property, has been under consideration.

2.

Such marks will in general fall into three classes :-

(A) those belonging to German individuals, firme, or companies established in and carrying on business in Germany but not established in the Colony,

(B) those belonging to German individuals, firms or companies

carrying on business only in the Colony,

(c) those belonging to German individuals, firms or companies established in and carrying on business in both the Colony and Germany.

3. Marks falling within the first of these classes should, in view of the

provisions of Article 306 of the Treaty of Peace with Germany, be restored to the registered owners provided that proof of the existence of the owners or of their legal representatives in Germany is forthcoming.

4. In the case of those falling within the second class, the business

carried on in the Colony has presumably been wound up or liquidated and, so

far as the Colony is concerned, there is no German person entitled to the business

or to the trade marks. The existing shareholders in a business which has been

wound up can claim no rights to such trade marks as they are not the legul

representatives of the former owners. In such cases therefore the trade marks

should not be transferred by the Custodian at all, but he should continue to be

recognized as the owner and should exercise his rights for a limited period

(say two or three years) on the expiration of which the mark might again be

thrown open either for general use or to any person applying for re-registration.

The Officer Administering

the Government of

299

;