Mr. Bryan to Mr.
Hay.
Legation of the United States of America,
Petropolis, Brazil, June
11, 1900.
No. 254.]Sir: Referring to my Nos. 249 and 252 of June
1, I have the honor to report that, not satisfied with the apparent
effect of my protest to the minister for foreign affairs against the law
forbidding the importation of goods with labels and trade-marks in the
Portuguese language, I called at the treasury to enter a like protest
directly at that department, where I was promised a postponement until
October 1 of the enforcement of the law. Before that date I think that
the petition of the Commercial Association—a copy and translation of
which I inclose—and the protests of the American, British, and German
diplomatic representatives will induce Congress to repeal the obnoxious
law.
At the treasury I was frankly told that the minister did not believe that
there was benefit for Brazilian commerce in this prohibition. He
likewise confirmed the position I maintain that labels are a part of
trade-marks, and that consequently the law is in violation of the
convention of 1878 between the United States of America and Brazil. I
therefore advise all American importers to conform to the requirements
of that agreement by registering their marks.
A copy of the circular of the minister of fazenda with translation is
inclosed herewith.
I have, etc.,
[Inclosure
1.—Translation.]
Petition of the Commercial
Association.
“The committee, whose signatures appear below, named by the
Commercial Association of Rio de Janeiro to draw up and present
to his excellency the minister of the fazenda a memorial with
regard to the trade-marks on foreign products, all of which it
had the honor to carry out, as appears from the inclosed copy,
comes, in the further performance of its duty and in the right
of petition guaranteed by the constitution of the Republic, to
request of your excellencies in this matter such consideration
of the objections raised in the memorial referred to as is
within the province of legislation.
[Page 59]
“In this way your excellencies will render an important service
to commerce and industry by authorizing the Government to
regulate, to the satisfaction of those interested and without
prejudice to the public interests, the law on trade-marks.
“The committee, trusting in the spirit of justice residing in
your excellencies, omits arguments which would be a repetition
of its memorial and which the well-known competency of your
excellencies appreciates at first glance.”
The address, as its contents indicate, was sent to the Brazilian
Congress with a long memorial addressed to the minister of the
fazenda setting forth the ill results which would follow the
enforcement of the law in question.
[Inclosure 2.]
[From the Jornal do Commercio of June
10.—Translation.]
The circular sent out by the ministry of the fazenda with regard to
the importation of merchandise with prohibited labels, which we
noticed at the time, is as follows:
“I declare to the chiefs of divisions subordinate to this ministry,
for their information and due procedure, that the term fixed in the
circular No. 3 of January 17 of the current year for the importation
of products the labels of which come under the prohibition of
article 57 of the regulation approved by decree No. 3622 of March
last, is extended to the 30th of next September.”
