Office of the Historian

No. 969.
Mr. Child to Mr. Bayard.

Legation of the United States,
Bangkok, Siam, September 22, 1887. (Received November 14.)
No. 43.]

Sir: It gives me pleasure to forward you a proposed enactment of the Siamese Government in regard to trade-marks, with the accompanying letter of the acting foreign minister, requesting that it be submitted to the Government of the United States for approval. This is something that has long been needed in Siam. Asiatics and others have been in the habit of using American and other nationalities’ trade-marks to an unlimited extent, especially as regards American petroleum, prints, and cotton goods. Large quantities of the latter are sent here and to China of an inferior quality with standard trade-marks on them; an inferior article of petroleum is also extensively shipped here stamped with the best American trade marks, and the country flooded with lamps made in Europe after American designs; all of which have a tendency to depreciate American goods. The carrying out of this law will put a stop to further deception and have a tendency to restore American goods to a proper basis.

At a meeting of the resident consuls in Bangkok objections were made to the law on account of excessive fees charged for registration; also, that it was indefinite in carrying out its provisions. While recognizing the necessity of the law, it was thought that the law of trade-marks in each country should be the basis of carrying out the law here, which, if done, would render it a nullity.

I have, etc.

Jacob T. Child.
[Inclosure 1 in No. 43—Translation.]

Phya Bhaskarawongse to Mr. Child.

Foreign Office,
Bangkok, September 9, 1887.

Mr. Minister: I have the honor to inclose copy of a draught law for the protection and registration of trade-marks in Siam, with the request that you will he kind enough to procure the assent of your Government to the same, in order that the law may be put in force without unnecessary delay. Recent experience has shown the urgent need of some law of this kind, and it is hoped that your Government will lend its assistance in the matter, by undertaking to enforce its provisions, in the case of all persons who are under your consular jurisdiction in Siam.

If, however, there should be any objection on the part of your Government to the proposed law, or any part thereof, I beg you to inform me of the same.

With the assurances, etc.,

Phya Bhaskarawongse.
[Page 1426]
[Inclosure 2 in No. 43.—Translation.]

A law for the protection and registration of trade-marks.

(1)
Any person who is the registered proprietor of any trade-mark, registered in any country which has friendly relations with Siam, may apply to His Majesty’s Government (through his consul) to have such trade-mark registered in Siam.
(2)
Upon any such application the applicant shall supply to His Majesty’s Government satisfactory proof of the due registration in some country of the trade-mark in respect of which the application is made, and shall pay a fee of 100 ticals. And upon such proof being found satisfactory, the applicant shall be registered in a book to be called the “Siam Trade-Mark Register,” and a certificate of registration shall be delivered to the applicant. Such certificate may be in the form of Schedule 2.
(3)
Any person who, after the 31st day of December, 1887, shall directly or indirectly import, make, sell or offer for sale in Siam any article bearing on or about it, or on or about the receptacle containing it, any mark which is a fraudulent or colorable imitation of any trade-mark registered in Siam, or who shall in any way infringe such trade-mark, shall be liable in damages to the registered proprietor of the said trademark.
(4)
Any person who shall do any such act or thing as mentioned in section 3 hereof, and who shall be proved to have done so, maliciously or fraudulently, or with a willful intent to injure the proprietor of any trade-mark, shall be liable also to a fine not exceeding 100 ticals for each successive conviction, and the fine shall be paid, one half to His Siamese Majesty’s minister for foreign affairs and one-half to the court in which such fine is imposed.
(5)
The registered owner of any trade-mark registered in Siam may by himself, or his attorney or agent, proceed against any person who shall have become liable under this act to be proceeded against, in the tribunal to which such person may be amenable by law, and such tribunal shall entertain and determine all actions or proceedings instituted by the owners of trade-marks in Siam, whether for the recovery of damages or fines, or both.
(6)
All goods and articles in respect of which any legal proceedings shall have been instituted, and which shall have been declared by any tribunal to be counterfeit or fraudulent, shall be deemed forfeited to His Majesty, and maybe seized wherever found by any police agent or constable in the employment of His Majesty’s Government.
(7)
Any person who shall be proved to have aided and abetted any offense under this law shall be liable equally with the principal offender, and may be prosecuted or made a defendant in any action for damages, notwithstanding that such principal offender has not been or can not be prosecuted.
(8)
The registered owner of any trade-mark in Siam may assign his rights therein by making an application to the Siamese Government and producing the contract, or deed of assignment, by which such right has been or is intended to be transferred. And upon every transfer of a right in any trade-mark, whether by contract or by operation of law, as by the death of an owner, or otherwise, a fee of 10 ticals shall be paid, either by the person applying to be registered, as transferee, or by the transferor. And thereupon a note shall be made in the Siam Trade-Marks Register, and a certificate of registration shall be delivered to the person to whom the transfer has been made.
(9)
The said register shall be open to the inspection of any person upon payment of a fee of 2 ticals.

Given on the ______ waxing of the ______ month of the year Kun 1249 of the Civil Era, in the 20th year of His Majesty’s reign, corresponding to the ______.

By His Majesty’s command,

Bhaskarawongse.

The first schedule above referred to.

Name. Nationality. Date of signature.

Second schedule above referred to: (X Y) of (Singapore), a (British) subject, is the registered owner of a trade-mark for matches of which a fac-simile is attached to this certificate.

Signed by
A. B.
Registrar of Trade-Marks.
Bangkok, this (1st) day of (January, 1887.)

(Facsimile of trade-mark.)