Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1905

Minister Rockhill to the Secretary of State.

American Legation,
Peking , July 8, 1905 .

No. 26.]

Sir: I have the honor to acknowledge the receipt of Department’s instruction, No. 4, of April 17, by which I am directed to effect an agreement, if possible, by an exchange of notes with the British minister at Peking, “whereby consular courts of the United States in China may protect British subjects against the infringement by American citizens in China of such of their trade-marks as have been duly registered in the United States, and the British consular courts may afford like protection to American citizens against the infringement by British subjects of such of their trade-marks as have been duly registered in Great Britain.”

In reply I have the honor to report that this agreement has been effected by an interchange of notes, copies of which are transmitted herewith, and a circular inclosing these has been sent to all American consular officials concerned. The stipulation that the consent of the British minister or chargé d’affaires must be obtained, as a matter of form, on each occasion is made necessary by an order in council regulating such questions.

I avail myself of this opportunity to recommend earnestly that whenever it is possible similar arrangements be made with other powers, more especially with Germany and Japan. If this were done it would, in my opinion, prove more effectual as a protection for American trade-marks in China than any other step that could be taken.

I have, etc.,

W. W. Rockhill.

[Inclosure 1.]

Minister Rockhill to the British Minister.

American Legation,
Peking , June 28, 1905 .

Mr. Minister and dear Colleague: The Acting Secretary of State of the United States has informed me in an instruction dated April 17, 1905, that you have been authorized by your government to enter into a reciprocal agreement with me for the mutual protection of trade-marks registered in the United States and Great Britain against infringement in China by the citizens or subjects of our respective nations, and he has given me authority to effect with you by an exchange of notes an agreement for the reciprocal protection of American and British trade-marks in China.

In pursuance of the general agreement reached between our respective governments on the subject, it affords me much satisfaction to agree on behalf of the Government of the United States that henceforth trade-marks of British subjects, having been duly registered in the United States of America, will be protected against infringement by such persons as come under the jurisdiction of the United States consular courts in China, in which effectual provision exists for the punishment of such infringements by American citizens.

I have, etc.,

W. W. Rockhill.

[Inclosure 2.]

The British Minister to Minister Rockhill.

Peking , June 28, 1905 .

Mr. Minister and dear Colleague: I have the honor to acknowledge the receipt of your letter of this date, informing me that you have been authorized by your government to effect with me by an exchange of notes an agreement for the reciprocal protection of American and British trade-marks.

I beg to thank you for this communication, and to assure you that it affords me much satisfaction to enter into this reciprocal agreement, and henceforth protection will be afforded in China by His Britannic Majesty’s supreme court for China and Korea and the provincial courts to trade-marks of citizens of the United States which have been duly registered in Great Britain in conformity with “The Patents, Designs, and Trade-marks Acts, 1883 to 1888.”

At the same time it appears necessary to mention that the consent in writing of His Majesty’s minister or chargé d’affaires must be obtained on each occasion, which consent will be given as a matter of course in consequence of the assurance contained in your note under reply that effectual provision exists for the punishment in the United States consular courts in China of infringement by such persons as come under the jurisdiction of those courts of the trade-marks of British subjects which shall have been duly registered in the United States of America.

I have, etc.,

Ernest Satow.