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THE REGISTRATION OF TRADE MARKS IN CHINA
9. The period during which Chinese or foreign merchants shall have the exclusive right to a trade mark is limited to twenty years, from the date of registra- tion. The period for trade marks registered abroad, which it is desired to register in China, shall count from the date of original registration, but in no case must it exceed twenty years.
10. If owners of a trade mark wish t› have their exclusive rights therein continued, they must within six months prior to the date of expiry give notice of their intention to renew registration.
11.-If an owner of a registered trade mark wishes to transfer his exclusive rights therein to another or to give others a share therein, he must at once give notice to the Registration Office and have the fact recorded.
12.—If a mark, already registered, contravenes paragraphs i, ii, or iii, of Regula- tion 8, the Registrar will have the right to cancel the same.
13.-Anyone who considers himself injured by the fact that a trade mark has been registered in contravention 8, iii., may apply to the Registrar to have registra- tion cancelled, but he must do so within a period of three years from the date of registration.
14.-The Registrar must state in writing any reasons he may have for refusing to register a trade mark.
15. Any reason for objection to the Registrar's ruling under Regulation 14, must be filed within six months from the date of refusal to register. If this be done the decision will be subject to revision.
16.-Applicants for registration, or owners of trade marks not resident in China, or residing at a distance from the Registration Office, must appoint some trust- worthy agent to act for them.
17.-Copies of entries on the Register, or permission to inspect the Register, may be applied for through the Registration Office or its branches. Those residing at a distance may apply through their agent.
18.-The Registrar will publish a Trade Marks' Gazette with a list of trade marks, and of any matters concerning the registration or cancellation of the same.
19.—At the instance of the owners of exclusive rights in a trade mark, suits may be instituted against any who may infringe such rights, and, on conviction, the latter will be mulcted in damages.
20.-Suits for infringement of trade marks will be conducted as follows:--
(a) If the defendant be a foreigner, the local authorities will move the Consul concerned to hold a joint investigation and trial.
(b) If the defendant be a Chinese, the Consul concerned will communicate with the Chinese authorities and a joint investigation will take place.
(c) If both plaintiff and defendant are Chinese, or if both are foreigners, the Courts concerned will, in case of infringement, afford all necessary protection.
21. The undermentioned offences are punishable with imprisonmeat up to one year, and a fine not exceeding Tls. 300, but judgment can only be given in a suit instituted by the party aggrieved.
(a) Any attempt to use a similar class of goods, or to imitate a registered trade mark, belonging to another party, or to offer the same for sale.
(b) To imitate a trade mark, or apply it to a similar class of goods, or knowingly to sell such goods, or have the same on the premises for purposes of sale.
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(c) To use an imitation of a trade mark as a "chop," or to employ it for pur- poses of advertisement.
(d) Knowingly to use packages or wrappers bearing the registered trade mark of others, for the same class of goods, or knowingly to offer the same for sale.
(e) To import goods being well aware of the fact that they infringe the trade mark rights of others.
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UNIVERSITY OF MICHIGAN
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