Minister Rockhill to the Secretary of State.

No. 165.]

Sir: Referring to my dispatch No. 163 of December 5, 1905, informing you that I had effected an agreement with the chargé d’affaires of Belgium for the reciprocal protection of trade-marks in China, I now have the honor to inform you that I have this date made a similar arrangement with the German minister.

I have the honor to inclose herewith copies of the notes exchanged with the German minister.

I have, etc.,

W. W. Rockhill.
[Inclosure 1.]

Minister Rockhill to the German Minister.

Mr. Minister and Dear Colleague: The Government of the United States being desirous of reaching an understanding with the Government of Germany for the reciprocal protection against infringement in China by citizens and subjects of our respective nations of trade-marks duly registered in the United States and Germany, I am authorized by the Secretary of State of the United States to inform you that effectual provision exists in American consular courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade-marks of persons subject to the jurisdiction of Germany, which have been duly registered in the United States.

I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the consular courts of Germany in China as regards the protection from infringement of their trade-marks duly registered in Germany.

I have, etc.,

W. W. Rockhill.
[Inclosure 2.—Translation.]

The German Minister to Minister Rockhill.

Mr. Minister: 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 against infringement in China by citizens and subjects of our respective nations of trade-marks duly registered in Germany and the United States.

You furthermore inform me that effectual provision exists in American consular courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade-marks of persons subject to the jurisdiction of Germany which have been duly registered in the United States.

I have the honor to infrom you in reply that I have been authorized by the chancellor of the German Empire to enter into this reciprocal agreement and to state that German consular courts in China are empowered under the German law for the protection of trademarks of May 12, 1894, to prosecute and punish all persons subject to their jurisdiction for infringement of trade-marks, the property of persons coming under the jurisdiction of the United States when duly registered in Germany.

Furthermore, for the purpose of putting this arrangement into effect, I am authorized and ready to instruct the German consular representatives in China in accordance therewith, subject to your taking similar action.

I avail, etc.,

A. v. Mumm.