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.
[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.,
[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.)
