December 2, 1897.}
same
enclosing copies of correspondence on subject with Foreign Office, &c. THE QUESTION OF DATING BILLS OF LADING. This question again came up for discussion, and it was decided to print the correspondence for circulation among the members, and reply to that effect to the President of the General Pro- duce Brokers' Association of London.
FOOD SUPPLY FOR COOLIES IN CEYLON,
CHINA OVERLAND TRADE REPORT.
(b) When application for registration has been made in Hongkong, before the date of registration in the United Kingdom, the local registration should confer prior right in this colony.
(c) That illustrations and descriptions of trade marks should be published with the notices re- quired to be published in the Government Gu zette.
or
The latter suggests that the proposition mar- Read letter from Ceylon Chamber of Com-ked in my minute as (a) should be submitted to merce, dated 3rd November, inquiring whether the Attorney-General for corroboration large supplies of rice and curry stuff for use of otherwise. coolies could on emergency be shipped hence to Colombo and at what rates.
Decided to reply giving such information as was at command of the Chamber, but to express inability to send samples, &c.
TYPHOON SIGNALS.
The Vice-Chairman drew attention to the fact that typhoon signals had been hoisted. during the recent blow. He thought that per- haps some modification of these usual signals might be made when it was ouly an ordinary north-east gale, as the signals used alarmed the boat people and caused them all to clear out.
(Correspondence.)
REGISTRATION OF TRADE M. RKS.
Colonial Secretary's Office, Hongkong, 5th October, 1897. Sir, With reference to your letter of the 21st ultimo, regarding the infringement of certain trade marks, I am directed to transmit for the information and consideration of the Committee of the Chamber of Commerce the enclosed copy of a minute by the Attorney- General on the subject. I have the honour to be, sir, your most obedient servant,
(signed) J. H. STEWART LOCKHART,
Colonial Secretary.
The Secretary, Chamber of Commerce.
MINUTE BY THE ATTORNEY GENERAL.
(1) It appears that Messrs. Marsland are not only successfully opposed Messrs. Meyerinks' 44 horse endeavour to register in Hongkong the shoe" trade mark similar to that registered, years ago, in England by Messrs. Marsland, but have also themselves now obtained regi tra- tion in Hongkong of their mark. Had Messrs. Marsland registered locally sooner, it would have saved some trouble and difficulty. It impossible for us here to know whether any particular mark is registered in England unless information is given on the subjec!.
(2) While our local Patent Ordinance (2 of '92) requires the applicant to have obtaine:l letters patent in England before he can obtain them here, the Trade Mark Ordinances contrin no similar requirement.
Indeed, in many cases, local trade marks are
It would, I apprehend, require a decision of the Supreme Court before the proposition could be formally laid down" as correct. I may, however, point out that in Sebastian's work ou Trade Marks, 2nd Ed., 1884, p. 15, the follow- ing passage occurs :----
Since trade marks are recognised through- out the world, and not merely in the manufac- turer's own country, as indicative of his goods, so that the subjects of any country are liable to be defrauded by goods bearing an imitation of a foreign trade mark, and any manufacturer is liable to suffer by the forgery of his marks abroad, the right of property in a trade mark is not limited by territorial bounds.”
I take it, the Trade Marks Ordinance (16 of 1873) was passed, primarily, to enable a person possessed of a trade mark, who wished to take proceedings in Hongkong to protect his rights, to be able to procure the necessary evidence of his rights by the simple method of local regis- tration. No doubt the Ordinance allowed also local registration of local trade marks not regis- tereil elsewhere.
•
""
But in order to obtain registration here, the applicant must (by Ordinance 20 of 1895) swear that he is, to the best of his belief, en- titled, solely, or jointly with some other person named in the affidavit, to the exclusive use of such Trade Mark. It is difficult to see how
A sneh-au affidavit can be made by when "B" is the registered owner in England, unless " A is unaware of the fact; and, if the affidavit should be made inadvertently, it would, as it seems to me, constitute a good ground for cancellation" after registration (under section 8 of the Ordinance); that in point of fact, "B" was duly registered in England prior to the application here, and that, therefore, A" was not
Li
entitled to the exclusive use of such trade mark,
and his affidavit was made in error, or was false. Registration here is therefore only prima facie evidence of the right to the trade mark, and therefore evidence of a prior subsisting registration in England would appear to me to be admissible to defeat the prima facie proof of the local register.
As regards the proposition (b), though not
appears to me sound.
419
in the notices in lieu of an engraving.-I have the honour to be, sir, your most obedient servant,
R. CHATTERTON WILCOX.
Secretary. To Hon. J. H Stewart-Lockhart, Colonial
Secretary.
THE QUESTION OF THE DATING OF BILLS OF LADING.
The General Produce Brokers' Association of London, London, 13th August, 1897, Sir, I beg to enclose you copy of letter which this Association has addressed to the Chamber of Shipping of the United Kingdom. The importance of the maintenance of the integrity of a bill of lading is so absolutely necessary now that produce of all descriptions is largely sold for arrival, that I trust you will be good enough to bring the matter prominently before your members. The Chamber of Ship- ping has promised to give all the assistance in their power to carry out the suggestions we have made.
At your convenience I shall be glad to know what the views of your Chamber are on the subject.—I am, yours faithfully,
H. W. PRICE, President.
To the President of the Chamber of Commerce,
Hongkong.
24, Mark Lane, London, E.C.
21st July, 1897.
Dear Sir. With reference to our letter to you of the 9th instant, on the subject of bills of lading, I beg to inform you that we have seen the chairman and other members of the Documentary Committee and have explained to them the present unsatisfactory position buyers and sellers of produce are placed in by the signing and dating of bills of lading by ship owners, agents, and captains before the goods specified in the bills of lading are actually on board the vessels. We find no one able to de- fend the practice on any grounds; but it is still done, and possibly, if not dealt with now, may prove disastrous to our arrival trade and en- tirely alter the value of a bill of lading as a negociable document. We therefore ask you to request ship owners, agents, and captains in no case to date or sign a bill of lading until the goods are on board; and I may add that this Association does not recognise any such document as valid which may be found to have been dated or signed incorrectly.
A large proportion of the produce trade is done by us for arrival, and contracted for to be shipped by a specified date; you will therefore
registered here which are not registered any specifically submitted to me, I may say it well understand how important this matter is,
where else.
That opens out a question of some difficulty and the Chamber of Commerce, in its reply of 21st September, 1897, deals with it thus: The Secretary writes :-
As regards (c) the question of requiring (3) Messrs. Marsland's letter of 13th August, 1896, suggests that it would facilitate the sale illustrations of the trade marks of which re- of British manufactures if some system of regis-gistration is asked to be published in the Gazette with the notices, this was considered in tration (of trade marks) could be adopted which
1895 when Ordinance 20 of 1895 was passed. would cover Great Britain and her colonies.
It was thought the cost would be considerable, often requiring dies to be sent from England and delay in printing and considering that Victoria in a small city and practically re- presents Hongkong, notice that the trade marks could be seen at the Colonial Secretary's office would afford sufficient facility to those interested to inspect the marks applicants were desirous of registering. Some of the Chinese trade marks, too, would ceinly be difficult to describe clearly.
"My Committee are not prepared to suggest any scheme of imperial registration embracing the colonies as well as the Ünited Kingdom, on account of the magnitude of the undertaking and the great attendant cost of having commen. while at sarate departments in each colony; the same time, it is most desirable that owners of marks for local trade should be able to claim the protection of “registration."
(4) Those remarks appear to me very appro- priate. Moreover, section 104 of the Patents Designs and Trade Marks Act, 1883, 4 & 47 Vict. o. 57, shows that the matter is not so simple as Messrs Marsland seem to suppose.
(5). As regards the other suggestions in the letter from the Chamber of Commerce, these are that it should be "formally laid down" ;-
(a) That, while registration in Hongkong may be accepted as prima facie evidence of ownership of a trade mark, registration at a prior date in the United Kingdom would constitute the real ownership of the trade mark in this colony (for the classes under which it is registered) as much as in the United Kingdom.
>
(Sd.) W. M. GoODMAN.
Hongkong General Chamber of Commerce. Hongkong, 19th October, 1897.
and we hope your Chamber will intimate to all ship owners that they must take steps to pre- serve the integrity of a bill of lading at any cost.
We have been informed that great pressure is sometimes put upon ships' agents and cap- tains to pre-date their bills of lading for the does not affect us directly, we suggest that purposes of finance, and, although this point some other document, such as a receipt, or warehouse keeper's warrant, might be made. available for such purposes.
I desire also to allude to the, practice of signing three, four, or more, bills of lading, which leads to trouble in dealing with shipping documents for produce sold, and which appears to us to be unnecessary. If 'instructions could be given to ships' agents and captains to sign only two, we think that it would be sufficient, and opportunities for frand would be minimised. -We desire also to draw attention to the im.
Sir, I have the honour to acknowledge re- ceipt of your letter of the 5th inst. in continua-portance of specifying on masters' receipts or tion of correspondence on the registration of trade marks, and forwarding copy of a minute by the Attorney-General on the subject.
My committee bare carefully perused the Attorney-General's minute, and are glad to find that he is in substantial agreement with the Chamber except with regard to the publication of illustrations of the trade marks registered, which he is of opinion would in some cases entail rather heavy cost. My committee would, how- ever, suggest that, in such cases, a clear des- oription of the trade mark itself should be given
I
bills of lading any damage or defective condi- tion that may be apparent in goods received on board, not in general terms but by stating number and, if possible, marks of packages so damaged. A very large business is carried out in these days on fo.b. and cost and freight terms, the damage on goods being for the ac- count of the buyers after shipment, but for seller's account if it occurs before shipment.
We trust that you will approach all ship owners on behalf of those whom we represent, and if you require printed copies of this com
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