THE REGISTRATION OF TRADE MARKS IN CHINA
EXPERIMENTAL REGULATIONS.
1.-Any person whether of Chinese or foreign nationality who desires to use a trade mark must first register the same in accordance with these Regulations. A special design, inscription, and emblem, either all three employed in combination, or any one or two of them, constitute the essential characteristics of a trade mark.
2.-The Board of Commerce will establish a Bureau of Registration to attend especially to such matters, and for the greater convenience of applicants for registration the Customs at Tientsin and Shanghai will serve temporarily as Branch Offices for receiving applications.
3.-Applicants for registration may send their applications either to the Bureau of Registration or to a Branch Office to be forwarded to the Bureau.
4.-Every application must be accompanied by a memorandum containing a full description of the trade mark and a tripliate copy of the same; it must give (a) a general description of the trade mark; (b) state to what class it belongs, and (c) on what particular kind of goods it is to be used. If the application be forwarded through a Branch Office, duplicates must be made both of the application and the memorandum.
5.-The Bureau of Registration having received an application, and having found nothing in it contrary to the regulations, shall file the same for six months, and if within that time no person shall have petitioned against the registration, the said trade mark shall be registered.
6.- If applications be made for the registration of two trade marks which re- semble each other and which are to be used upon the same class of goods, regis- tration will be granted to the person who first made application. If both applications be presented at the same time on the same day, permission to register will be given to both.
7. In the case of a trade mark already registered in a foreign country, if ap plication for its registration in China be made within four months from the date of its registration abroad, the date of such registration abroad may be recognised (as the date from which registration in China shall count.)
8.-Trade marks of the character specified below shall be refused registration:- (i) Those which destroy respect for rank, do injury to the customs of the country, and deceive the people.
(ii) Those which imitate the impressions of seals specially reserved for the use of the Government (such as the Imperial seal and the oblong lead seals of the various yamêns), or which imitate the designs of the Imperial flag, the military banners or decorations for merit.
(iii) Marks already registered or marks resembling, or of the same nature as marks which for over two years prior to the application for registration have been publicly used in China or have covered a similar class of goods.
(iv) Those which are not sufficiently distinctive.
Original from UNIVERSITY OF MICHIGAN
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